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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The parties' assertion
A. As the Plaintiff lent KRW 600 million to the Defendant on June 20, 2014, the Defendant is obligated to pay the said KRW 600 million and the damages for delay thereof to the Plaintiff.
B. It was true that Defendant B transferred KRW 600 million from the Plaintiff’s account to the Defendant’s account on June 20, 2014, but the said money was transferred from the Plaintiff’s actual manager to the Defendant’s account and paid part payments by acquiring the shares and management rights of the Defendant C Co., Ltd. (hereinafter “Nonindicted Company”) owned by the Defendant from the Defendant. Thus, the Plaintiff’s assertion is unreasonable.
2. It is insufficient to recognize that the Plaintiff lent the above KRW 600 million to the Defendant solely on the basis of each statement of evidence Nos. 3-7, and there is no other sufficient evidence to acknowledge it.
Rather, in light of the following circumstances, the Plaintiff’s actual manager B, as alleged by the Defendant, decided to acquire the shares and the right of management of the non-party company from the Defendant, and paid the intermediate payment, it appears that the Plaintiff’s funds were illegally useful.
The plaintiff's assertion is not accepted.
① The purpose of establishment and the field of business are different. In fact, there was no transactional relationship prior to the transfer of this case.
In this situation, it is difficult to believe that the Plaintiff lent KRW 600 million to the Defendant without receiving any document, such as a documentary loan.
② On May 21, 2014, the Defendant decided to transfer Nonparty Company’s shares 690,000 shares (including new shares 300,000 shares to be acquired by the Defendant) and management rights for KRW 4.5 billion. Of them, the Defendant decided to receive intermediate payment of KRW 1.2 billion from the Defendant’s account on June 20, 2014.
However, on June 20, 2014, B transferred KRW 600 million from the Plaintiff’s account to the Defendant account, and D also was the Defendant on June 30, 2014.