대여금
1. The defendant (Counterclaim plaintiff)'s appeal is dismissed.
2. The costs of appeal are assessed against the Defendant-Counterclaim Plaintiff.
purport, purport, and.
1. Scope of the judgment of this court;
A. The Plaintiff filed a lawsuit against the primary Defendant B and the primary Defendant Company claiming the payment of each loan, and Defendant B sought the delivery of shares listed in the separate sheet to the Plaintiff and claimed a counterclaim seeking the payment of the loan in preliminary.
B. The first instance judgment, among the Plaintiff’s principal lawsuit, dismissed the Plaintiff’s claim against the primary Defendant B, and accepted the claim against the conjunctive Defendant Company, and all of the Defendant’s counterclaim claims were dismissed, and only the Defendant B appealed against the part concerning the counterclaim claim.
C. Therefore, only Defendant B’s counterclaim claim falls under the subject of this Court’s judgment, and thus, it should be determined thereon.
2. Basic facts
A. The Defendant Company is a wedding business company. The Plaintiff was a company director of the Defendant Company from March 3, 2015 to June 30, 2016. Defendant B is a representative director of the Defendant Company from March 3, 2015 to March 30, 2015.
B. On December 27, 2010, Defendant B withdrawn KRW 62,300,000 from his corporate bank account in cash, and converted the amount of KRW 30,000,000 among them into a check, and then delivered the said KRW 30,000,000 to the Plaintiff. On the same day, the Plaintiff deposited KRW 30,00,000 into his national bank account on the same day.
C. The register of shareholders of the Defendant Company dated February 6, 2014 is written by the Plaintiff as 3,000 shares of the Defendant Company and as 4,000 shares of the Defendant Company.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 5, Eul evidence 3 and 12, the purport of the whole pleadings
3. The reason why the court should explain this part of the judgment as to Defendant B’s counterclaim is the same as that of Notice Nos. 12, 7, and 14, 19, i.e., the corresponding part of the judgment of the court of first instance, which corresponds to the reasoning of the judgment of the court of first instance. Thus, this part is cited in accordance
Defendant.