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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. C Co., Ltd. (formerly changed: D Co., Ltd.; hereinafter “instant soup”) is a juristic person operating a bath business, etc., and the Plaintiff was working as a representative director of the soup bank from June 27, 2006 to November 18, 201, and E was working as management director of the soup bank and operated a soup bank of this case together with the Plaintiff. The Defendant, as a substantial master of the soup bank of this case, was in charge of the operation of the soup bank of this case to the Plaintiff and E.
B. The soup bank of this case was put into management difficulties due to the aggravation of circumstances, such as the installation of stables, etc. in the vicinity. Accordingly, the Plaintiff borrowed KRW 51,008,408 in total from F from April 3, 2010 to September 17, 2010 as the representative director of the soup bank of this case and used them as operating funds of the soup bank of this case.
C. E, as a management director of the soup bank of this case, borrowed a total of KRW 60,000,000 from F from October 18, 2010 to December 15, 2010, and used it as operating funds of the soup bank of this case.
The soup bank borrowed KRW 30,000,000 from F on February 8, 201, and KRW 62,000,000 in total from May 6, 201 to May 16, 2011, respectively, and the F paid KRW 25,00,000,000 for obligations to G of the soup bank of this case on February 15, 201, and on March 2, 2011, the Changwon District Court 2009,50,000 for the soup bank of this case, which was created by the soup bank of this case.
E. Meanwhile, on February 23, 201, in order to secure the obligations of the making soup of this case, F means that: (a) the Plaintiff, the representative director of the making soup of this case, is the Plaintiff; (b) the obligor is the Plaintiff; (c) the amount of the loan is KRW 200,00,000; (d) interest shall not be paid; (c) the maturity shall be May 30, 201; (d) the interest rate shall be 12% per annum; (e) the obligor shall be the Plaintiff on May 12, 2011; (b) the amount of the loan shall be KRW 200,00,000; (c) interest shall not be interest; and (d) the rate of delay shall be 24% per annum.