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Reasons
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(영문) 서울고등법원 2017.03.10 2016나2033637
대여금
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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. Basic facts

A. On March 7, 2013, the Plaintiff, a joint representative director of C Co., Ltd. (hereinafter “C”), transferred KRW 100 million directly to the Defendant’s deposit account, and wired KRW 50 million via D’s deposit account, the Plaintiff’s wife, to transfer KRW 150 million in total.

B. On March 20, 2013, the Defendant issued a promissory note of KRW 150 million to the Plaintiff from the qualification of joint representative director C, and the said deed was written.

[Reasons for Recognition] Facts that Gap evidence 1-1, 2, Gap evidence 2, Eul evidence 3, and no dispute exists

2. There is no dispute between the assertion and the point that the pertinent KRW 150 million is a loan.

However, the plaintiff asserts that the defendant lent KRW 150 million to the defendant individual, and the defendant asserts that C borrowed.

The key issue of this case is whether the Defendant borrowed KRW 150 million or not.

3. In light of the following, Gap evidence Nos. 1-1, 2, 6, Eul evidence Nos. 5-1, 2, 3, Eul evidence Nos. 6-3, 5, Eul evidence Nos. 8, 9, and 10, the borrower of KRW 150 million shall be the defendant in light of the following facts:

At March 7, 2013, when the Plaintiff remitted KRW 150 million, C had a bank account in a corporation.

(No. 8) If C borrowed money, it shall be transferred to C’s deposit account, but the Plaintiff’s deposit account that remitteds KRW 150 million is the Defendant’s personal deposit account.

(A) No. 1-2. If money is borrowed from the Plaintiff to recover the Defendant’s personal funds used in the process of acquiring or operating C as alleged by the Defendant, the Defendant should first receive money from C as the deposit account and then take the form of receiving the Defendant again. However, KRW 150 million was remitted to the Defendant’s personal deposit account, and only part of the transferred KRW 150 million was deposited to C, and most of the deposited money was used for personal use by the Defendant.

(No. 6-3, No. 8, 9). (b)

The Plaintiff.

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