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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. Comprehensively taking account of subparagraph 1’s descriptions and the purport of the entire pleadings, the Plaintiff may recognize the fact that on December 30, 201, the Plaintiff remitted KRW 30,000,000 to the financial account under the Defendant’s name (hereinafter “the instant money”).
2. The assertion and judgment
A. 1) The Plaintiff’s assertion 1) asserts that the Plaintiff lent the instant money to the Defendant. 2) The Plaintiff did not lend the instant money to the Defendant, but rather, the Defendant Company C (hereinafter “instant company”) with the representative director.
(B) The instant company borrowed KRW 100 million in total from D, the Plaintiff’s seat, and KRW 50 million on July 29, 201, and KRW 50 million on July 29, 201, and received the said money from the Plaintiff’s account in the name of the Plaintiff.
After that, the instant company borrowed additional KRW 100 million from D from November 2, 2011 to December 30, 2011 (hereinafter “instant separate money”) and received the said money from the Plaintiff’s account in the name of the Plaintiff.
Meanwhile, from November 2, 201 to December 30, 2011, the instant company received a total of KRW 118,700,000, including the instant separate money from the Plaintiff (so, the instant amount was borrowed from D, not the Plaintiff) from the Plaintiff, and the remainder of KRW 18,70,000, excluding the instant separate money (100,000,000,000, excluding the instant separate money, from the Plaintiff.
Meanwhile, the instant company borrowed KRW 5,000,000 from the Plaintiff on June 30, 2011.
Accordingly, the instant company borrowed KRW 23,700,000 from the Plaintiff (i.e., KRW 18,700,000). Since the instant company repaid KRW 18,400,000 to the Plaintiff from July 22, 2011 to August 23, 2011, it merely bears the Plaintiff’s obligation to provide loans of KRW 5,300,000 (= KRW 23,700,000 - KRW 18,40,000).
B. 1) Determinations as to who the borrower is a party to the loan, Gap evidence 4 to 8 (including paper numbers; hereinafter the same shall apply)
each entry and the purport of the whole pleadings.