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Reasons
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(영문) 서울고등법원 2018.10.24 2018나2036210
대여금
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1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the Plaintiff (Counterclaim Defendant) who falls under the following amount ordering payment.

Reasons

1. Facts of recognition;

A. The Defendant is a stock company with the purpose of a maritime cargo transport business, etc., and was established at KRW 60,00 per share, KRW 5,000 per share, and KRW 300 million in capital. The Defendant increased the total number of outstanding shares on May 8, 2014, KRW 200 per share, KRW 5,000 per share, and KRW 1 billion in capital.

B. The Plaintiff (F before the opening of the name) is a shareholder who holds 70,00 shares of the Defendant by accepting 20,00 shares at the time of the establishment of the Defendant and accepting 50,00 shares in the process of capital increase.

C. The details of account transfers between the Plaintiff and the Defendant are as listed below:

The details of remittance of the No. 150,000,000 shares issued by Defendant 1 on January 3, 2013, Defendant 1, the sum of the acquisition price of 20,000,000 Defendant shares on January 11, 2013, 201, 150,000,000 on April 150, 200, 200 on April 22, 2014; No. 150,000,00 on May 7, 2014; No. 100,60,000 on June 15, 20, 200, 100,000 on May 15, 20, 200, 100, 1007, 100,007 evidence No. 10,000 on May 17, 2007, 2018

2. The assertion and judgment

A. The Plaintiff’s assertion 1) On January 11, 2013, the Plaintiff: (a) delivered KRW 150 million to the Defendant as provisional receipts (No. 2); (b) returned KRW 100 million among them; and (c) lent it to D and E; and (d) was partially repaid the said loan by receiving KRW 50 million from D and E to the Defendant’s account in the name of the Defendant; and (e) receiving KRW 375 million from August 3, 2015.

Therefore, the remainder of the provisional deposit against the Defendant is KRW 150,000,000 (=150,000,000) - KRW 50,000,000,000).

B) Meanwhile, on June 17, 2014, the Plaintiff lent KRW 100 million to the Defendant (the foregoing No. 7), and on August 11, 2014, the Plaintiff returned KRW 20 million to the Defendant (the foregoing No. 8), and the Plaintiff’s loan balance to the Defendant is KRW 80 million (= KRW 100,000,000 - KRW 20,000,000).

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