A. The plaintiff borrowed 120,000,000 won from the plaintiff C and lent 120,000 won to the defendant. Since the defendant set off 40,000,000 won among them against the plaintiff's claim, the plaintiff must pay the remainder of 80,000 won to the plaintiff.

B. Defendant 1 did not have any obligation to repay money from the Plaintiff. 2) The Plaintiff, a representative director of the Defendant, did not have any duty to pay the money. The Plaintiff, a representative director of the Defendant, engaged in a disadvantageous transaction to the company by generating a false loan obligation without the approval of the board of directors under Article 398 of the Commercial Act, which constitutes a transaction without the approval of the board of directors.

3) Even if the existence of the Defendant’s obligation to borrow money against the Plaintiff is recognized, the part of KRW 20,000,000 that the Plaintiff borrowed from C on August 1, 2006 and lent to the Defendant became extinct by commercial prescription. The Defendant’s claim for loans of KRW 761,00,000,000 against D or the claim for litigation expenses against the Plaintiff as an automatic claim set off against the amount equal to the instant loan claim. 2. Determination as to the cause of the claim on February 1, 200 on the ground of the claim Nos. 1, 2, 6, 7, 9, 10, and 6 (including each number, hereinafter the same shall apply)

According to each description, witness witness D’s testimony and the whole purport of the pleadings of the first instance trial, the Defendant borrowed KRW 120 million from the Plaintiff on October 31, 2012 to the president of each account (from January 1, 2012 to December 31, 2012) of the Defendant’s account, and stated that the amount of KRW 40 million was offset on December 31, 2012. The Defendant’s statement of the Defendant’s current debt (2012) entered KRW 80,000,000 in the short-term list of the Defendant’s current debt (200), and the Plaintiff appears to be a clerical error on October 31, 2012 (20 October 31, 2012).

() The fact that KRW 120 million was deposited in the Defendant’s account; the details of the Defendant’s account transaction were deposited in KRW 120,000,000 on October 31, 2012; and next, the fact that the term “short-term loan” was written on the part of the representative director’s personal loan (short-term loan/c), C is a foreign exchange bank in the name of the Plaintiff.