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1. The plaintiff's appeal is all dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the statements in Gap evidence Nos. 1 to 3, 7, 10, 11, Eul evidence Nos. 1 to 3, and 5 to 7 (including paper numbers), and witness G testimony at the court of first instance.
Defendant C lent KRW 300 million to D on February 28, 2012 as a volatilen business start-up loan, and on March 22, 2012, Defendant C prepared a notarial deed of a monetary loan agreement with the content that “Defendant C shall pay KRW 300 million to D on February 28, 2012, setting the due date for payment as KRW 2.5% on February 28, 2017, and jointly and severally guaranteed by E.”
B. On April 18, 2012, the Plaintiff lent D KRW 50 million (2.5% of the monthly interest after two months after repayment period), and additionally lent KRW 20 million on May 7, 2012 as the purchase price for health equipment, and the Plaintiff directly remitted KRW 20 million to the health equipment business entity.
C. D, when the construction was interrupted due to the bad faith of a volatile Fluxian Corporation, requested the Defendant C to provide additional funds. Accordingly, the Defendant C added additional funds and operated the Flux on June 11, 2012, and operated the name of the Defendant C, the mother of the Defendant C, under the name of the Defendant B.
On the other hand, around June 20, 2012, Defendant C drafted a fund investment agreement with the Plaintiff stating that “Defendant B, the representative of Vitice Business Start-up cost of KRW 750 million, raises KRW 680 million, and the Plaintiff invests KRW 70 million in the Defendant B” (hereinafter “instant fund investment agreement”).
E. Defendant C paid KRW 20 million to the Plaintiff on July 4, 2012.
F. Around January 2013, the Defendants entered into an agreement with F to transfer the transfer price of KRW 380,000,000 with respect to the above volatilen workplace, and transferred the said workplace to F, but F only paid the said transfer price of KRW 24,00,000 out of the said transfer price to F.