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1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.
Reasons
1. The parties' assertion
A. On August 2, 2007, the Plaintiff asserted that the Plaintiff lent KRW 920 million to the Defendant without setting the due date and interest (hereinafter “the instant loan”). Accordingly, the Defendant is obligated to pay the Plaintiff the loan amounting to KRW 920 million and the damages for delay.
B. The Defendant’s assertion 1) did not borrow KRW 920 million from the Plaintiff. The Plaintiff is a D Co., Ltd. (hereinafter “Nonindicted Company”) in which the Defendant was working as the representative director while operating the “C” under the Defendant’s name.
(C) The Defendant, the representative director of the non-party company and the registered business operator of the non-party company C, at the time of the tax investigation in 2003 regarding the non-party company of the National Tax Service, received the payment after deducting the cement from C’s name, and then paid the payment. As such, the disposition of income and the subsequent earned income tax amount of KRW 1,083,491,424 (hereinafter “tax on earned income and resident tax of this case”) are deemed to be the total amount of KRW 985,738,640 and KRW 97,752,784.
) Upon the imposition of the above wage and salary income tax and resident tax, if the Defendant first pays the above wage and salary income tax and resident tax to the Defendant, the agreement will be paid later (hereinafter “instant agreement”).
(2) The Defendant borrowed KRW 1.1 billion from a financial institution to use the above earned income tax and resident tax. Since then, the Defendant received each payment from the Plaintiff on March 5, 2007, KRW 180 million, and KRW 920 million on August 2, 2007, respectively, and repaid all of the above loans. In other words, the Plaintiff’s remittance of KRW 920 million to the Defendant on August 2, 2007 is the instant contract amount borne by the Plaintiff or the indemnity amount generated by the Defendant on behalf of the Plaintiff (hereinafter “instant indemnity amount”).
(2) The Defendant borrowed the instant loan from the Plaintiff even if it was not a loan to repay the debt.