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1. The Defendant’s KRW 11,200,000 as well as 5% per annum from June 19, 2018 to October 31, 2019 to the Plaintiff.
Reasons
1. Determination on loan claims
A. The Plaintiff asserted that the Plaintiff lent KRW 8 million to the Defendant on March 29, 201, and KRW 15 million on March 30, 2011, respectively. The Defendant repaid KRW 8 million to the Plaintiff on May 13, 2014, and the Plaintiff lent KRW 5 million to the Defendant on April 7, 2016.
B. In full view of the overall purport of the arguments in the evidence Nos. 1, 3, and 4, the fact that the Plaintiff remitted each of the Defendant’s national bank accounts with KRW 8 million on March 29, 2011, KRW 15 million on March 30, 201, and KRW 5 million on April 7, 2016 is recognized.
However, even if there is no dispute between the parties as to the fact that money was received, when the defendant contests the plaintiff's assertion that the lending was made, the plaintiff bears the burden of proving that the lending was made (see Supreme Court Decision 2013Da73179, Sept. 15, 2015). The plaintiff asserts that the remaining 20 million won after deducting eight million won from the person who received the repayment from each of the above amounts is the loan, and the defendant asserts that the payment of new shares was made by the plaintiff. Thus, the plaintiff is liable to prove that the above 20 million won is the loan.
However, according to the appraiser D's seal appraisal result, since the plaintiff's seal affixed to the above document is recognized as identical to the plaintiff's seal registered in the original book, the plaintiff's authenticity of the document is presumed to have been established. Since there is no evidence to prove that the above document was written against the plaintiff's will or without his will, the above argument is not accepted), the whole purport of the oral argument is acknowledged as a whole, and the following facts and circumstances, namely, the defendant's general meeting of shareholders on March 28, 201, and 480,00 won general shares of 50 won per share at a general meeting of shareholders on March 28, 201.