대여금
1. The Defendant’s KRW 75,00,000 as well as 5% per annum from October 2, 2014 to August 20, 2015 to the Plaintiff.
1. Basic facts
A. On July 17, 2008, the Plaintiff remitted KRW 50,000,00 to the account under C’s name. On the same day, the Defendant prepared and issued to the Plaintiff a receipt stating the Plaintiff’s spouse, “Icheon,000,000,000 won in total,” and “Icheon,000,000,000 won in total,” which is the Plaintiff’s spouse.
B. The plaintiff will purchase E-F at the time of the government of the subscription to sell in lots by the corporation C, and as part of the subscription to sell in lots, 20,000,000 won with the Defendant’s name account on July 17, 2008, the same year.
8. 14. G: 10,000,000 won with the account in the name of G, and the same year.
9. 12. Deposit of KRW 75,000,000 in total with the account held in the Defendant’s name (hereinafter “instant subscription money”) and the designation of KRW 101, 201, 204, 205, and 206 was obtained from the first patrolman Co., Ltd. as the sale of goods on October 10 of the same year.
(hereinafter “instant sales contract”). C.
At the time, the defendant used the name "C president" of the corporation C.
[Ground of Recognition] Facts without dispute, entries and images of Gap evidence 1 through 5 (including each number), and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserted that the defendant paid KRW 50,000,000 to return KRW 75,00,000 on the face of six months after the payment by the defendant. Since the defendant did not perform this, the defendant is a party to the above agreement or as a representative director of C, the defendant is liable to pay KRW 75,00,000 for the above investment agreement amount pursuant to Articles 401 and 401-2 (1) 3 of the Commercial Act (hereinafter "investment agreement amount"). The defendant, as the actual representative director of C, entered into the instant sales contract with the plaintiff, and even if he is not a party to the instant sales contract, he is jointly and severally liable for damages equivalent to the pre-sale agreement with the above company pursuant to Articles 401 and 401-2 (1) 3 of the Commercial Act.