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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
The purport of the claim and appeal is the purport of the appeal.
Reasons
1. The parties' assertion
A. The Plaintiff Company established for the purpose of real estate sale and lease business was engaged in monetary transactions with the Defendant. From June 2012 to September 2013, the Plaintiff Company remitted KRW 49,538,500 to the Defendant. Since the Defendant remitted KRW 30,000 to the Plaintiff Company, the Plaintiff Company should have a loan claim of KRW 19,538,500 ( KRW 49,538,500 remitted by the Plaintiff Company - KRW 30,000 remitted by the Defendant Company - KRW 30,000) to the Defendant. Accordingly, the Defendant is obligated to pay the said money and delay damages to the Plaintiff.
B. The defendant registered as a director of the plaintiff company and sold real estate owned by the plaintiff company to the branch, while receiving monthly wages and allowances from the plaintiff company and lending money to the plaintiff company. The amount claimed by the plaintiff to be lent to the defendant is merely a repayment of the money that the defendant received as monthly wages or allowances or lent to the plaintiff. Since the defendant did not borrow money from the plaintiff, the plaintiff's claim on the premise that it should be dismissed.
2. The Plaintiff’s assertion that the Plaintiff lent money between the parties to the judgment, even if there was no dispute as to the fact that the said money was given and received, has the burden of proof as to the fact of the lending.
(see Supreme Court Decision 2017Da37324, Jan. 24, 2018). In light of the foregoing legal doctrine, according to the health care unit and evidence evidence evidence No. 1, the Plaintiff’s transfer of KRW 49,538,500 to the Defendant during the period from June 25, 2012 to September 27, 2013 is recognized.
However, each of the statements Nos. 2, 3, and 4 was considered as a whole, and the following circumstances, namely, ① the Defendant was registered as an internal director of the Plaintiff Company from May 6, 2012 to December 31, 2012 and was awarded the bid by the Plaintiff.