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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
1..
Reasons
1. Basic facts
A. The Plaintiff is a legal entity engaged in civil engineering and construction works, etc. established around March 200, and the Defendant is an actual operator of C Co., Ltd (hereinafter “Nonindicted Company”) engaged in the business of installing and operating sports facilities and ancillary facilities, and is currently the representative director (registration of his/her inauguration on September 29, 201).
B. The Plaintiff: (a) KRW 50 million on December 30, 2010, and KRW 20 million on January 10, 201, to the Defendant
F. On January 17, 201, KRW 20 million, and KRW 10 million on February 15, 201 (hereinafter “each of the above amounts”) paid each of the above amounts to the Plaintiff, and the Defendant drafted a receipt for each of the above amounts to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1-1-4, Gap evidence 7, the purport of the whole pleadings
2. Judgment as to the main claim
A. The Plaintiff’s assertion 1) lent each of the instant funds to the Defendant four times. As such, the Defendant is obligated to pay the Plaintiff a total of KRW 100 million and damages for delay on the leased principal. (2) The Defendant, as the representative of the Nonparty Company, received each of the instant funds from the Plaintiff with the settlement of the construction cost that was paid in excess of the Plaintiff in the course of settling the construction cost of the retaining wall in the Plaintiff and the Plaintiff, and there was no personal borrowing from the Plaintiff.
B. First of all, we examine whether each of the amounts of this case was a loan to the defendant, the fact that the plaintiff paid each of the amounts of this case to the defendant, and the fact that the defendant prepared and delivered a receipt each of the amounts of this case to the defendant. However, the following circumstances are as follows: the evidence mentioned above, Gap evidence Nos. 2-1, Gap Nos. 3 through 5, Eul Nos. 2-3 through 3, Eul evidence Nos. 2 and 3, and the purport of the entire argument.