대여금
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Comprehensively taking account of the overall purport of the arguments in each statement of evidence Nos. 2 and 4 through 6 (including paper numbers), the Plaintiff transferred KRW 97,500,000 to the Defendant Company upon request of C on January 19, 2011, and the above KRW 97,50,000,000 to the Defendant Company was used as material costs and equipment costs at the construction site of the previous North Korean D D Construction Works executed by the Defendant Company at the time. There is no counter-proof.
2. Judgment on the main claim
A. The Plaintiff asserts that the Plaintiff, upon the request of the Defendant Company C, who is a real owner of the Defendant Company and the Plaintiff, had lent KRW 97.5 million to the Defendant Company by setting the interest rate of KRW 12% per annum and the due date as of July 19, 2012.
In this regard, the defendant company did not borrow money from the plaintiff, but the defendant company invested in the defendant company with a personal loan from the plaintiff in order to raise the operating fund of the defendant company, so the defendant company did not have a duty to pay the above money to the plaintiff.
B. In light of the judgment, among the evidence Nos. 3 (k) of the Plaintiff’s assertion, there is no dispute between the parties that the following stamp image of the name of the Defendant Company will be affixed to the seal of the Defendant Company, but the fact that C prepared the above loan by using the seal of the Defendant Company is insufficient to recognize that C had the authority to prepare the above loan certificate on behalf of the Defendant Company C by using the seal of the Defendant Company, and the testimony of the video and witness E is insufficient to recognize that C had the authority to prepare the above loan certificate on behalf of the Defendant Company, and there is no other evidence to prove otherwise, the above evidence No. 3 cannot be used as
Furthermore, the following circumstances, which are acknowledged in the statement No. 1 of Eul, comprehensively considering the overall purport of the pleadings, the Plaintiff transferred KRW 97,500,000 to the defendant company upon the request of C, one of his own children, as well as the representative director F of the defendant company.