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The defendant's appeal is dismissed.
Expenses for appeal shall be borne by the defendant.
Purport of claim and appeal
1. Purport of the claim.
Reasons
1. The parties' assertion
A. On May 22, 2017, the Plaintiff listened to the phrase that the Defendant borrowed money from the Plaintiff Division C, and lent KRW 30 million to the Defendant’s account (hereinafter “instant money”) on May 22, 2017, thereby lending KRW 30 million to the Defendant.
B. The Defendant did not borrow the instant money from the Plaintiff.
From April 1, 2016, the Defendant engaged in the same business with C, a trade name “D”, and maintained the same business relationship after changing the trade name to “stock company D” on July 27, 2017. Since the instant money was borrowed from the Plaintiff and invested as a partner, the Defendant did not have any obligation to return it.
2. Determination
A. According to the evidence evidence Nos. 3, it is found that C was registered as an internal director on July 27, 2017 in the corporate register of the Defendant and C. However, the following facts and circumstances acknowledged by adding the whole purport of pleadings to the entries in evidence Nos. 5 and No. 2, i.e., (i) the Defendant completed the business registration of “D” as the sole representative on April 1, 2016; (ii) the Defendant thereafter completed the business registration of “D” as the sole representative on August 4, 2017; and (iii) there is no evidence on the investment to recognize the partnership relationship with the Defendant and C; and (iv) there is no evidence on the method of liquidation of profit and loss distribution and liquidation with the Defendant. In full view of the above facts and the evidence submitted by the Defendant alone, it is insufficient to acknowledge that the Defendant had a partnership with C, and there is no other evidence to prove otherwise.
Therefore, this part of the defendant's argument is without merit.
B. Even if there is no dispute as to the fact that the instant money constitutes a loan, the said money transaction may be conducted based on various legal causes. Therefore, the said money transaction between the original and the Defendant is a loan under a monetary loan agreement.