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1. The claim of this case is dismissed.
2. The costs of lawsuit shall be borne by each person;
Reasons
1. Facts of recognition;
A. On September 6, 2007, the Plaintiff transferred KRW 100,000,000 to the Defendant from the Plaintiff’s Han Bank Account (C).
B. On September 20, 2007, the Plaintiff transferred 150,000,000 won in total to the Defendant from the Plaintiff’s corporate bank account (D), from the Plaintiff’s other one bank account (E) on September 21, 2007, KRW 64,00,000 to the Defendant’s mother F’s account, and KRW 50,000,000 to the Defendant’s mother F’s account respectively.
C. The Defendant repaid 144,00,000 won on October 11, 2007 to the Plaintiff’s above corporate bank account, and 80,000,000 won on October 12, 2007, respectively. Around that time, the Defendant borrowed 264,000,000 won on September 18, 2007 between the Plaintiff and the Defendant. Around that time, the Defendant borrowed 144,00,000 won on October 9, 2007, and repaid 80,00,000,000 won on October 12, 2007, respectively. The remainder of 40,000,000 won shall be repaid in installments from 208 to 2016 annually.
“The loan certificate of this case (hereinafter “the loan certificate of this case”) was drawn up. D. The Defendant deposited KRW 40,000,000 with the account of Nonparty G, which was the Plaintiff’s wife at the time of October 18, 2007, and deposited KRW 16:25:35 on the same day, the Plaintiff deposited KRW 40,000 from Nonparty H (hereinafter “the company of this case”) which was a major shareholder and the representative director. On the same day, the company of this case and the Defendant of this case can make early reimbursement of KRW 40,000,000, the annual interest rate of KRW 5%.
“A money loan contract, including the content, was signed and sealed (the seal of the Plaintiff representing the instant company was affixed; hereinafter “instant monetary loan contract”). E. According to the financial statements of the instant company and the statement of the unit price claim for the employees of the shareholders and executives, until December 31, 2007 and December 31, 2008, there was a claim of KRW 40,000 against the Defendant of the instant company, and there existed a claim of KRW 23,271,000 as of the end of March 12, 2014 between the instant company and the Plaintiff. “The instant company paid retirement pay, and the Defendant received retirement pay immediately.”