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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. 1) On February 25, 2016, the Plaintiff is an investor who is authorized as the first priority holder of the Defendant’s capital increase with capital increase. The Defendant is a business entity that will conduct business normalization through capital inflow within a prompt period agreed with the Plaintiff. The Defendant’s designation of the Plaintiff as the first priority holder on February 26, 2016 and deposits the initial deposit amount of KRW 100 million with the Defendant on February 26, 2016, together with the deposit with the Defendant on February 26, 2016, shall become effective, and the conclusion of this contract shall become effective, as well as the deposit with the Defendant on February 26, 2016. The validity term of the MOU’s letter of understanding shall be completed and the first one capital increase is made within one month (hereinafter “instant MOU”).
(2) On February 29, 2016, the Plaintiff drafted a written agreement (hereinafter “instant agreement”) stating that “The Plaintiff, the representative director of the Defendant, shall have the status of the Chairperson at the same time as this agreement was concluded and shall be responsible for all management and administration of the entire company. The Plaintiff shall provide all the operating funds necessary for the company’s normal operation (hereinafter “instant agreement”).
B. The Plaintiff paid KRW 80 million to the Defendant on February 26, 2016, and KRW 10 million on March 15, 2016, and March 18, 2016, respectively; KRW 10 million on April 12, 2016; KRW 15 million on April 18, 2016; KRW 12 million on May 9, 2016; KRW 6 million on May 17, 2016; KRW 173 million on May 31, 2016; and KRW 173 million on May 31, 2016.
C. The loan certificate issued on May 31, 2016 under the name of the Plaintiff and the Defendant (hereinafter “the loan certificate in this case”) is specified as “the date of repayment from the Plaintiff on December 31, 2016 (the immediately after external investment) and KRW 10 million on March 15, 2016, respectively, on March 18, 2016 and March 18, 2016; KRW 15 million on April 12, 2016; KRW 5 million on April 18, 2016; KRW 2 million on May 91, 2016; and KRW 60 million on May 17, 2016; and KRW 5 million on May 16, 2016;