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1. The part of the judgment of the court of first instance as to Defendant (Appointed Party) and Appointed C shall be revoked.
2. The plaintiff.
Reasons
1. In full view of the purport of the entire arguments in Gap evidence No. 1-1 to No. 4 as to the claim against the Selection B, the plaintiff and the plaintiff transferred KRW 48,643,00 from the Selection’s account to the Selection’s account, KRW 4,000,000, and KRW 11,960,000 to the Defendant’s account, and KRW 64,603,00,000 in total to the Defendant’s account, and the Selection was recognized to have remitted KRW 21,761,60 to the Plaintiff and E’s account.
In full view of the following facts: (a) the Plaintiff asserted that the said money remitted by the Plaintiff was loaned to the Defendant and the Selection Party B; (b) the Plaintiff asserted that the said money was loaned to the Defendant and the Selection Party B was loaned to the Defendant for a long time from May 2006 to May 2013; and (c) each remittance was not specified; and (b) the Plaintiff appears to have no reason to transfer money through the Selection Party B without directly remitting it to the Defendant and the Selection Party, it is reasonable to deem that the said money, excluding KRW 20,000,000, which the Plaintiff transferred to the Defendant and the Selection Party, was a loan to the Selection Party B.
In addition, the Plaintiff remitted KRW 20,00,000 to the Selection’s account on December 27, 2006, and the said money was the name of the investment funds for Senek Co., Ltd., and the Selection B prepared an agreement that the Plaintiff would be responsible for the Plaintiff’s failure to receive allowances from the said company on the same day, and the Plaintiff was paid a total of KRW 768,600 from January 26, 2007 to February 8, 2007, and the Plaintiff was paid a total of KRW 768,600,000 from the said company, and the fact that the Plaintiff did not receive allowances from the said company thereafter does not conflict between the parties, or is recognized by the statements in the evidence No. 1, 4, and 3, and the Selection B is obligated to pay the Plaintiff the agreed amount of KRW 20,000,000.
In this regard, the Appointed B asserted that he repaid the above contract amount to the Plaintiff, but there is no evidence to acknowledge this, so the above defense is without merit.
Therefore, the Selection B shall be 42,841,400 won = the loans and the agreed amount that are not paid to the Plaintiff.