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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a real estate development company selected as an executor by the E Association (hereinafter “instant association”) in order to develop the land D (hereinafter “instant site”) in Jung-gu Incheon, Jung-gu.
B. From July 11, 2003, the date of the Plaintiff’s establishment, F was dismissed on July 27, 2015, when the Plaintiff’s director or inside director and the representative director were employed on July 27, 2015. On August 17, 2015, F was dismissed respectively from office of representative director as of October 13, 2015 and office of inside director as of November 4, 2015.
On the other hand, G was appointed as the Plaintiff’s internal director on December 30, 2014. On July 21, 2015, G was appointed as the Plaintiff’s representative director, but resigned on August 17, 2015. On October 13, 2015, G was appointed as the Plaintiff’s representative director and served as the Plaintiff’s representative director until now.
In addition, the Defendant served as the president of the instant association from October 2014 to February 2018.
C. On October 1, 2015, F prepared, as the representative director of the Plaintiff, a letter of performance with the following content (hereinafter “instant performance letter”) and a letter of performance with respect to the payment of the funds, respectively, to the Defendant. At the time, G was present at the Plaintiff’s internal director position and signed as the observer.
The representative director F (hereinafter referred to as "A") of the plaintiff representative director in writing of performance shall be performing to the defendant as follows:
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1. On March 1, 2015, as of March 1, 2015, the Plaintiff confirmed that the amount borrowed from the Defendant was KRW 500 million to be repaid to the Defendant by applying the principal, interest, overdue interest, etc., and that the borrowed principal was deposited into the F Private Account, but it was actually used by the Plaintiff Corporation.
2.The principal of the borrowed amount under paragraph 1 shall be paid at the rate of 12% per annum to KRW 500 million.
3. The payment of the funds under paragraph 2 shall be KRW 200,000,000 of the principal of the borrowed funds under paragraph 1.