대여금
1. The plaintiff's claim is dismissed.
2. Litigation costs shall be borne by the plaintiff.
1. The following facts may be found either in dispute between the parties or in full view of the overall purport of the pleadings:
The defendant is the representative director of C Co., Ltd. and the plaintiff is the branch director of C Co., Ltd.
B. On April 14, 2011, C Co., Ltd. entered into an insurance contract between the Korea Life Insurance Co., Ltd. and the insured as the defendant, and the insurance contract between the insured and the Defendant’s spouse D.
(hereinafter the above two insurance contracts are referred to as “instant 1 insurance contract”). B.
C On September 28, 2012, the Co., Ltd. entered into an insurance contract with the Korea Life Insurance Co., Ltd. and the insured as the defendant, and the insurance contract with D as the insured (hereinafter the above two insurance contracts). The Plaintiff paid KRW 3,546,620 on behalf of the Korea Life Insurance Co., Ltd. five times insurance premiums of the above insurance contract.
C. On March 5, 2013, C Co., Ltd. entered into an insurance contract with the Korea Life Insurance Co., Ltd. and the insured as the Defendant, and the insurance contract with the insured as D (hereinafter the aforementioned two insurance contracts). The Plaintiff paid KRW 58,131,480 on behalf of C Co., Ltd. the insurance premium of the said insurance contract.
2. The assertion and judgment
A. The Plaintiff’s assertion loans KRW 13,287,240 to the Defendant for the payment of the insurance premium for the instant insurance contract; KRW 3,546,620 to the Defendant for the payment of the insurance premium for the instant second insurance contract; KRW 58,131,480 to the Defendant for the payment of the insurance premium for the instant third insurance contract; KRW 74,965,340 to the Defendant for the payment of KRW 74,965,340; KRW 10,190,240 to the Defendant for the payment of the insurance premium for the instant third insurance contract; KRW 18,010,162 to the Defendant for the payment of the insurance premium for the instant third insurance contract
4. Inasmuch as the Defendant was reimbursed KRW 19,787,55 on September 26, 199, the Defendant should pay the unpaid KRW 19,787,543.
B. According to the above facts, the policy holder of the insurance contract Nos. 1, 2, and 3 of this case is not the defendant but C corporation, and even if the plaintiff paid the premium on behalf of the defendant, whether the amount of the premium is a loan.