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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the court of first instance.
Reasons
1. Basic facts
A. A, a rehabilitation debtor foundation A (hereinafter “debtor foundation”), is a foundation established for the purpose of establishing and operating medical institutions.
D was appointed as the representative director of the debtor foundation on July 29, 2009.
B. On July 30, 2009, the Defendant remitted KRW 200,000,000 to the account in the name of D, and KRW 100,000,000 to the new bank account in the name of E.
D On July 30, 2009, the debtor foundation made a loan certificate stating that “the defendant borrowed 300,000,000 won on July 30, 2009 from the defendant and received it,” and delivered it to the defendant.
C. On January 20, 2010, the Defendant entered into a lease agreement with the debtor foundation to lease the F Hospital (G Hospital) cafeterias with the debtor foundation by setting the lease deposit amount of KRW 380,00,000, and the lease term of KRW 5 years (hereinafter “the lease agreement on the instant cafeterias”).
D On January 20, 2010, a receipt was prepared and issued to the defendant that he received KRW 380,000,000 under the name of the debtor foundation. D.
At the time of the instant cafeteria lease agreement, the debtor foundation entered into the completion of the F Hospital by March 30, 2010, and made it possible for the defendant to conduct business in the said cafeteria, and agreed to pay 2% interest accrued from March 30, 2010 to the defendant as compensation for damages if the defendant is unable to conduct business from that time.
E. On December 3, 2009, H entered into a lease agreement with the debtor foundation to lease the F Hospital parking lot of KRW 300,000,000 (contract amount of KRW 100,00,000) from the debtor foundation (hereinafter “instant parking lot lease agreement”) for a fixed term of five years (hereinafter “instant parking lot lease agreement”); and if both the instant apartment restaurant lease agreement and the instant parking lot lease agreement are complied with, hereinafter “each of the instant lease agreements”).
D on December 3, 2009, 100,000 won for down payment under the name of the debtor foundation.