The judgment of the first instance shall be revoked.

The plaintiff's claim is dismissed.

All costs of the lawsuit shall be borne by the plaintiff.

purport, purport, and.

1. Basic facts

A. C (the company of this case) is a company established on June 10, 1993 for the purpose of textile processing and sales business, etc., and the defendant is the representative director of the company of this case.

B. On March 31, 2017, the Plaintiff remitted a total of KRW 35 million to the instant company, and received KRW 5 million from the instant company on May 31, 2017 and KRW 5 million on September 15, 2017.

C. On October 11, 2019, the instant company applied for the commencement of rehabilitation procedures as Seoul Rehabilitation Court 2019 Gohap 100181. On October 28, 2019, the instant company received a decision to commence rehabilitation procedures from the said court on October 28, 2019, and a decision to authorize rehabilitation plans on March 18, 2020.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 7, 9, 12, the purport of the whole pleadings

2. The parties' assertion

A. Plaintiff 1) upon the Defendant’s request, the Plaintiff lent KRW 35 million to the Defendant, who is not the instant company, and received reimbursement of KRW 10 million among them. Accordingly, the Defendant is obligated to pay the remainder of the loan to the Plaintiff and the damages for delay thereof. 2) Even if the Plaintiff is the instant company that is not the Defendant, not the Defendant, a party to a loan to the Plaintiff, the Defendant is obliged to perform his duties with the due care of a good manager as a manager of the instant company that is the debtor for rehabilitation. However, the Defendant arbitrarily deleted the Plaintiff from the creditors’ list, thereby causing damage to the Plaintiff. Accordingly, the Defendant is liable to compensate the Plaintiff for damages equivalent to the loan.

B. When the settlement of E Company E was delayed as an employee of Defendant E, the Plaintiff paid the settlement amount to the instant company on behalf of the said company, and did not transfer the above KRW 35 million as a loan to the Defendant individual.

In addition, the defendant and the company of this case contacted the plaintiff to report the claim according to the decision to commence the rehabilitation procedure of the company of this case.