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Reasons
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(영문) 서울고등법원 2015.05.21 2014나2036236
대여금
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1. The plaintiff's appeal is dismissed.

2. The plaintiff's conjunctive claimant's subrogation added at the trial.

Reasons

1. Facts of recognition;

A. From December 7, 2006 to July 5, 2007, Nonparty C, the husband of the Defendant, worked as the representative director of the Plaintiff (at the time, Nonparty C, the Plaintiff’s trade name was changed to F, Co., Ltd., Ltd., on October 11, 2007, and as of March 30, 2009). At the time, Nonparty C, the husband of the Defendant, owned 2,04,004 shares, which are 7.05% of the total shares of the Plaintiff, and held as the largest shareholder of the Plaintiff.

B. The non-party L, a major shareholder of the Plaintiff at the time of C and C, entered into a share acquisition agreement on July 31, 2007 with H and UNFCCC Co., Ltd. and the same year.

9. By concluding a corrective contract again on 13.14. Around October 12. 2, 2007, H agreed to transfer the remainder of 2,028,717 shares of the Plaintiff owned by C to H. 6,132,012,000 won (hereinafter “stock transfer price”). H was appointed as the Plaintiff’s representative director according to the resolution of the board of directors on 6,132,012,000 won. Around October 6, 2007, H made a public announcement of the change in the largest shareholder that H acquired 2,028,717 shares of the Plaintiff from C to 6,086,151,00 won.

C. On the other hand, on November 21, 2007, the cashier's checks of KRW 200 million issued by the Plaintiff from a new bank (the check number I) was issued at H by means of a cashier's checks of KRW 190,000 per face value and KRW 10,000 per face value (the check number J) at H presented to the above bank, and H transferred the cashier's checks of KRW 190,000 per face value to the agricultural bank account under the name of the Defendant on the same day.

On November 21, 2007, the Plaintiff managed that advance payment was made to the Defendant regarding KRW 190 million, which was remitted to the Defendant.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1, 3, 6, 7, Eul evidence Nos. 1, 4 through 6, 9 through 13 (including the number, if any; hereinafter the same shall apply), the new bank of the court of the first instance and the Korea Exchange, the result of each fact inquiry into the new bank of the court of the first instance and the Korea Exchange, the purport of the whole pleadings

2. The primary description;

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