출자금 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasoning of the court's explanation in this case is as stated in the reasoning of the judgment of the court of first instance except for the addition of any addition or supplementary determination below, and thus, it is acceptable to accept it as it is in accordance with Article 420 of the Civil Procedure Act.
【Supplementary or Supplementary Judgment】 The Plaintiff asserted that, even if the Defendant did not receive the benefits from the Plaintiff, it was based on the Plaintiff’s representative’s judgment, and thus, the Plaintiff did not have the obligation to pay the unpaid benefits to the Defendant, but the Defendant did not receive the benefits from the Plaintiff
Since there is a lack of evidence to view that the claim for benefits already occurred or that the claim for benefits was renounced, the above argument is rejected.
The grounds for rejecting the Plaintiff’s claim for the return of provisional payments are as follows: (a) from the time the Defendant prepared for the establishment of the Plaintiff to February 2, 2012, there were cases where the Plaintiff operated the Plaintiff as the representative of the Plaintiff and did not receive the Plaintiff’s benefits normally; and (b) the Plaintiff and the Defendant’s funds were partly mixed with the Plaintiff and the Defendant’s funds by paying the Plaintiff’s own money; (c) as such, the part of the provisional payments against the Defendant in the Plaintiff’s transactions of deposit and withdrawal is not clearly distinguishable from the Plaintiff’s account in a new bank account, it is difficult to view that the Defendant is liable for the repayment of provisional payments
2. In conclusion, the judgment of the court of first instance is just, and the plaintiff's appeal is dismissed as it is without merit.