1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. Facts of recognition;

A. The Defendant is a company established on January 10, 2013 for the purpose of the Hague and the OEM production business, and the Plaintiff is a person who served as the representative director of the Defendant and retired on January 10, 2016.

B. The Plaintiff transferred KRW 50,00,000,00 on November 17, 2014, and KRW 50,000,00 on December 15, 2014, and KRW 10,000 on January 22, 2015, KRW 40,000,000 on February 2, 2015, and KRW 20,000 on March 2, 2015, and KRW 10,000 on April 15, 2015, and KRW 20,000,000 on April 30, 2015, and KRW 20,000 on April 30, 2015; and KRW 10,000,000 on June 10, 2015, etc.

C. The Defendant stated the details remitted from the Plaintiff as “temporary receipt of a representative” or “short-term substitution with a short-term bond” in the column from among the presidents of the Defendant Company’s Account. As of June 12, 2015, the Defendant entered the total amount of KRW 210,000,000 remitted from the Plaintiff in the provisional deposit account among the presidents of the Defendant Company’s Account as of June 12, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, and purport of the whole pleadings

2. Determination

A. According to the above facts of recognition as to the cause of the instant claim, the Plaintiff lent KRW 210,000,000 to the Defendant until June 12, 2015, and barring any special circumstances, the Defendant is obligated to pay the Plaintiff the said KRW 210,000,000 and the damages for delay thereof.

In regard to this, the Defendant: (a) stated, without permission, the amount entered in the provisional loan account among the presidents of the Defendant Company’s account by changing it to the short-term loan account; and (b) cannot be recognized as the Defendant’s obligation to the Plaintiff despite entering in the short-term loan account; (c) the amount transferred to the Defendant’s bank account by the Plaintiff to the Defendant’s bank account is limited to the Plaintiff’s performance of joint liability pursuant to Article 51 of the Commercial Act with the increased amount of contribution to be paid by C who acquired the increased number of shares of investment according to the resolution of increase in the company’s general meeting.