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Reasons
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(영문) 서울고등법원 2019.04.12 2018나2054270
대여금
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1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. The reasoning for this part of the reasoning is the same as that of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. The parties' assertion

A. Plaintiff 1) The Defendant claiming the return of loans or unjust enrichment with respect to provisional payments is the representative director of the Plaintiff, and the Defendant, as the representative director of the Plaintiff, shall pay KRW 1,060,814,419 against the Defendant on January 2, 2012 to the president of the Plaintiff’s account for the head of the Plaintiff’s account (hereinafter “provisional payment”).

) As long as the Plaintiff did not prove that the aforementioned funds were paid for the Plaintiff, the Defendant is liable to return the said funds as unjust enrichment or loans. The Defendant paid the full amount of the provisional payment around December 2012, but, on January 16, 2013, was provided with documentary evidence of expenditure for a portion of the provisional payment, and was paid KRW 50 million by the Plaintiff on December 31, 2013, and was paid KRW 50 million by the Plaintiff on January 2, 2014. Accordingly, the Defendant was liable to pay KRW 2.1 billion to the Plaintiff or unjust enrichment of KRW 2.4 billion and KRW 2.1 billion on January 2, 2014, KRW 2.2 billion on the above provisional payment of KRW 3 billion and KRW 1.2 billion on the interest and delay damages of KRW 2.2 billion on the loan or unjust enrichment of KRW 2.2 billion on KRW 1.2 billion on December 21, 2012, KRW 1.2 billion on the ground of unjust enrichment or unjust enrichment of KRW 2 billion.2 billion.

B. Defendant 1’s provisional payment is assessed as the Plaintiff’s asset value to calculate the acquisition price of the company.

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