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1. The plaintiff (Counterclaim defendant)'s appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
purport, purport, and.
Reasons
1. The plaintiff paid to the non-party company KRW 350 million on August 1, 2008, KRW 50 million on September 16, 2008, KRW 50 million on September 18, 2008, KRW 50 million on September 22, 2008, KRW 50 million on September 22, 2008, KRW 50 million on October 8, 2008, and KRW 15 million on October 15, 2008, respectively.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 14 (including branch numbers for those with provisional numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Claim for return of loan;
A. The plaintiff asserts that the plaintiff is liable to pay the above KRW 560 million and damages for delay to the plaintiff jointly with the non-party company, since the plaintiff lent KRW 560 million to the non-party company, and the defendant jointly and severally guaranteed it.
On the other hand, the defendant, as the largest shareholder of the non-party company and the substantial managerial right holder, invested 4.28 billion won in the non-party company as a total under the pretext of investment in the Canadian Island Development Project. On July 11, 2008, the non-party company participated in the non-party company's capital increase with 2.7 billion won and collected 1.02 billion won in the investment by acquiring 50 billion won in the non-party company's capital increase with 2.7 billion won after investing in the non-party company's capital increase with 2.7 billion won. The agreement for monetary lending and lending only was prepared by the plaintiff for collecting the money from the non-party company, and the defendant is not jointly and severally liable to pay the above money to the non-party company. In addition, the defendant was recognized as the representative director of the non-party company at the time of borrowing on August 11, 2008. The defendant did not have any obligation to return the loan to the non-party company.
B. The defendant, from September 2006, received the resident consent form and the City Council approval form for the development of the Canadian Islands through the non-party company with D, etc. from September 2006.