1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Basic Facts

( state) D’s representative director D of C (hereinafter referred to as “C”) around March 12, 2014, borrowed on April 12, 2015, KRW 30 million from the Plaintiff, a driver affiliated with the C, as the due date for payment.

On April 12, 2015, the Plaintiff and C drafted a debt approval agreement stating the interest on the above loan and the payment period on October 12, 2015.

The Plaintiff filed a lawsuit against C with this Court 2015da29769 seeking loans of KRW 30 million and damages for delay.

On August 18, 2015, the above court rendered a favorable judgment against the Plaintiff.

(hereinafter referred to as the “instant claim”). E is the husband of F, who is a father of D’s father and is the defendant’s auditor on the corporate register.

E, around December 14, 2015, around December 14, 2015, the Plaintiff prepared the following loan certificates in the name of the Defendant (hereinafter “the instant loan certificates”).

The Defendant shall pay the Plaintiff KRW 1.5 million interest at KRW 1.5 million, which is the legal interest of KRW 2 million and the interest of KRW 500,000 until the repayment is made.

Until December 30, 2016, the promise is made to reimburse all expenses.

[Reasons for Recognition] A-1 to 5, 7, and 8 were without dispute, each of the statements, the purport of the entire pleadings, and the purport of the argument of the parties concerned, as a whole, the Plaintiff D established the Defendant Company as its representative, and transferred the tourist bus, which is the only property of C, to the Defendant Company, in order to avoid compulsory execution based on the claim of this case.

Accordingly, the Plaintiff demanded the repayment of the instant claim by finding the Defendant Company, and E prepared the instant loan certificate.

Since the instant loan certificate is effective for the Defendant, the Defendant is obligated to pay to the Plaintiff KRW 5 million (one million per month from December 14, 2015 to October 13, 2016), the loan amount of KRW 30 million, and damages for delay.

The defendant is a juristic person separate from the defendant C, and is not an individual enterprise of D.

In this case.