Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. The parties' assertion
A. The gist of the Plaintiff’s assertion: (a) on July 13, 201, the Plaintiff loaned KRW 2 million to the Defendant, KRW 2 million on July 14, 201, KRW 2 million on the same month, and KRW 2.7 million on July 22, 2011; and (b) on July 22, 2011, the final repayment period was set off against the Defendant, which the Plaintiff should pay to the Defendant as an allowance; (c) the Defendant is obligated to pay the remainder (i.e., KRW 2., KRW 2 million in KRW 2.7 million in KRW 2 million in KRW 2.3 million in KRW; hereinafter “the instant money”) and damages for delay.
B. The gist of the defendant's assertion: The defendant did not have worked for the plaintiff company and is irrelevant to the plaintiff company.
On April 25, 201, the defendant, which was established and operated by C, deposited KRW 8 million in the form of investment deposit (deposit in the name of passbook E in the corporate accounting staff E in the establishment phase instructed by C). After the incorporation of C, the defendant, who was in charge of Group C, has the right to purchase goods at the same time as "the sales performance of goods is low," and the defendant, who was in charge of group C, purchased goods at credit amounting to KRW 6.7 million, and prepared a loan certificate, and subsequently, the defendant, at the time of withdrawal from the above company, made a set-off against the amount of KRW 8 million deposited in the previous account.
However, when both C and C, the actual operator of the LAD, died at the end of the year 2013 to the beginning of the year 2014, and the Plaintiff, another company, which C established and operated as the actual operator, claimed the amount of the instant loan to the Defendant by discovering the instant loan certificate kept in the LAD, and thus, the Defendant is not obligated to pay the said amount to the Plaintiff.
2. According to the evidence No. 4-1 to No. 3, it is recognized that the Defendant prepared a certificate of borrowing KRW 2 million on July 13, 201, KRW 2 million on the 14th of the same month, KRW 2 million on the 15th of the same month, and KRW 27 million on the 15th of the same month.
However, the above evidence Nos. 4 1 to 3, 1 to 1.