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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The following facts may be found either in dispute between the parties or in full view of the purport of the entire pleadings in each entry in Gap evidence Nos. 3-1 and 10:
Defendant Company is a corporation that has its head office in Geumcheon-gu Seoul Metropolitan Government and runs reinforced concrete construction business, soil construction business, etc., and the Plaintiff is an inside director of the Defendant Company.
B. The Plaintiff was in charge of duties at a construction site, such as “D Corporation”, “E Corporation”, “F Corporation”, and “G Corporation”, which the Defendant Company performed.
2. The assertion and judgment
A. The gist of the Plaintiff’s assertion 1) The Plaintiff lent 43,630,00 won to the Defendant Company upon the request of the former representative director H of the Defendant Company and paid 11,133,210 won out of the construction cost (such as equipment cost, labor cost, meal cost, and other expenses) of the Defendant Company (i.e., cash payment of 4,097,600 won). However, the Plaintiff paid 54,763,210 won out of 50,763,210 won in total, 50,800 won in total, 3,963,210 won in total, 200, 2000 won in total, 3,000 won in total, 40, 2000 won in total, 3,000 won in total, 200 won in total, 3,010 won in total, 200, 2010 won in total, 300, 2010.20
3) Therefore, the Defendant Company is obligated to pay to the Plaintiff a total of KRW 37,146,220, the unpaid loan and the unpaid loan, and KRW 41,109,430, and delay damages therefrom. (B) Determination 1) From June 24, 2010 to April 14, 2011, the Defendant Company’s bank account at the Plaintiff’s national bank account.