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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
Reasons
1. Determination as to the cause of claim
A. 1) The Plaintiff was in office as the vice-chairperson of the Defendant from March 2009 to July 2009 and participated in the Defendant’s management. 2) The Plaintiff borrowed KRW 100,00,000 from C around May 2009, and transferred KRW 30,000,000 among them to the account under the name of the Defendant from May 19, 2009, and paid KRW 70,000,000 to the account under the name of the Defendant.
3) On July 28, 2009, the Plaintiff paid a provisional payment of KRW 150,000 to the Defendant’s account under the Defendant’s name by depositing KRW 150,000. 4) On December 3, 2010, K, which was the Defendant’s representative director, prepared and issued a written confirmation (hereinafter “instant confirmation”) to the Plaintiff on December 3, 2010, stating that “The Plaintiff, as of December 27, 2009, obtained a loan from the Plaintiff from the Plaintiff during the period from March 27, 2009 to September 23, 2009, 363,000,000, excluding the total amount of KRW 42,000,000, which was returned by the Defendant, has not been repaid yet.”
[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 3 through 5, Gap evidence 1, 2, Gap evidence 7, Eul's testimony and the purport of whole pleadings
B. According to the above facts of recognition, the defendant, barring special circumstances, shall be 208,00,000 won calculated by deducting the amount of KRW 42,00,000,000 paid by the plaintiff to the defendant from the total amount of KRW 250,000 paid by the plaintiff to the defendant, and shall be 208,00,000 after the date following the plaintiff's claim for the return of the amount was filed by the defendant, and it is obvious that it is the next day of the delivery of the copy of the application for modification of the purport of the claim and the cause of the claim as of July 3, 2015, which is the day after July 10, 2015, which is deemed reasonable to dispute over the existence or scope of the defendant's obligation, from July 10, 2015 to November 18, 2016, which is stipulated by the Civil Act, and the next day to the day of full payment.