beta
Text
1. Of the judgment of the court of first instance, the part against the Defendants is revoked, and that part is against the Defendants.
Reasons
1. (1) The Plaintiff is a person operating a company specializing in the supply of materials, including miscellaneous hardware, with the trade name of “D”, and Defendant B is a construction business operator as the representative director of J Co., Ltd., and Defendant C is a child of Defendant B.
(2) Around June 22, 2010, the Plaintiff lent KRW 50 million to Defendant B with business funds necessary for Defendant B to establish and operate a factory. ② around July 1, 2010, the Plaintiff supplied interior construction materials equivalent to KRW 18,882,831.
(3) In 2012, Defendant B prepared and delivered a loan certificate (Evidence A 1; hereinafter “the loan certificate of this case”) stating that the Plaintiff shall pay each of the said loan amount of KRW 50 million until May 30, 2012, and KRW 18,882,831 to the Plaintiff by August 30, 2012, and Defendant C guaranteed each of the above obligations of Defendant B.
(4) In order to repay the above borrowed amount, Defendant B remitted the total of KRW 6 million on July 2, 2012, and KRW 10 million on July 3, 2012, to Nonparty B’s account in the name of Nonparty F, the Plaintiff’s wife.
(B) On the other hand, the plaintiff alleged that the above KRW 10 million out of the above KRW 10 million was paid as the repayment of the above loan, and KRW 1 million was paid as the repayment of the above loan. However, in light of the fact that the payment period for the above loan has already arrived at the date of the above repayment, while the above loan amount has not yet arrived at the maturity date, and that the above loan amount is larger than the above loan amount, the defendant Eul paid the above KRW 10 million for the repayment of the loan amount due, as alleged by the plaintiff, it is determined that the defendant Eul paid the above KRW 10 million for the repayment of the loan amount due, and on the other hand, around April 2014, the plaintiff's argument is without merit.
(3) In the process of construction, Defendant B asked the Plaintiff on June 9, 2014.