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1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and
Reasons
1. Basic facts
A. The Plaintiff is a person who used the same as a shareholder and director of D Co., Ltd. (hereinafter “D”), and was engaged in the business of the said company, and the Defendant is a person specialized in cultivating Go-gu.
B. D and the Defendant: (a) around March 2012, D and the Defendant: (b) procured funds necessary for the cultivating of the meat, and (c) concluded a high-end horse cultivation contract with the purport that the Defendant would jointly sell the meat and divide profits from the sale of the meat and sell the meat.
C. On May 14, 2013, the Plaintiff transferred each of the instant monetary transaction amounting to KRW 20 million in total to the E account, KRW 10 million in total to the Defendant’s account, KRW 8 million in total to the E account on May 16, 2013, and KRW 10 million in total to the Defendant’s account (hereinafter “instant monetary transaction”).
[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 1-1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff, upon the Plaintiff’s request, remitted the sum of KRW 28 million to the Defendant on May 2013 through E, and paid KRW 28 million to E as the instant monetary transaction. Moreover, on May 14, 2013 and May 16, 2013, the Plaintiff directly remitted the sum of KRW 20 million to the Defendant, and directly pays KRW 20 million in cash to the Defendant (= KRW 28 million). Thus, the Defendant is obligated to pay the said KRW 50 million and delay damages.
B. The money that the Plaintiff transferred to the Defendant and E account as above is not money lent to the Defendant, but investment money that the Plaintiff invested to the Defendant through D according to the instant Go-gu farming contract.
Even if the Plaintiff lent KRW 50 million to the Defendant, on April 17, 2015, concluded a monetary loan agreement between E and the Defendant that represented the Plaintiff, thereby transferring the Plaintiff’s above loan claims against the Defendant to E.
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