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1. The plaintiff's appeal against the defendant (appointed party) and the appointed party C is dismissed in entirety.
2. The appeal costs are assessed against the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a director of D Co., Ltd. (hereinafter “D”), who operated the said company, and the Defendant is a person who served as a director of the said company.
B. On December 14, 2005, the Plaintiff transferred KRW 30 million to the account in the name of the Defendant (Account Number G, hereinafter “instant bank account”).
C. Around December 2005, D sold in lots to the designated parties C, who are the Defendant’s children at KRW 101,202,330,000,000,000,000,000,000,000,000,000,000,0000,000,000,0000,000,000,000,000,000,000,000,0000,000,000,000,0000,000,0000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,00,00,00,00,00.
Since then, the defendant paid the above KRW 200 million to D.
On May 12, 2006, the Plaintiff remitted KRW 6 million to the Defendant’s KB Bank account (Account Number F) and KRW 24 million to the Defendant’s above account on May 19, 2006.
D In addition, on May 19, 2006, between the Defendant and the Defendant, D drafted a monetary loan agreement with the purport that D shall set the interest rate of KRW 30 million at 5.8% per annum and the due date on May 30, 2010.
E. On August 30, 2006, the Plaintiff deposited KRW 163 million into the instant bank account under the name of the Defendant, and on the same day, KRW 1330 million out of this day was transferred to each of D again on August 31, 2006, the following day.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4 through 7, 11, 22, Eul evidence Nos. 1, 3, 7, 24 and 25, and the purport of the whole pleadings
2. The plaintiff's ground for claim
A. The Plaintiff’s loan to the Defendant on December 14, 2005.