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Reasons
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(영문) 서울고등법원 2015.06.16 2014나57039
대여금
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1. Revocation of a judgment of the first instance;

2. The Defendant shall pay KRW 160,000,000 to the Plaintiff as well as its related costs from September 25, 2013.

Reasons

1. The parties' assertion

A. The Plaintiff’s assertion 1) The Defendant as pro-Japanese, after hearing the speech that “the Defendant’s funds are insufficient to take over a construction company”, remitted KRW 100 million to the Defendant’s account under the name of the Defendant as a fund for acquiring the company. Even thereafter, the Plaintiff remitted KRW 40 million on December 13, 2011, and KRW 160 million on December 22, 2011, respectively, to the Defendant’s account as a fund for acquiring the company (hereinafter “instant money”).

(2) On August 10, 201, the Defendant agreed that the Plaintiff would be able to work in C Co., Ltd. (hereinafter “C”) acquired by the Defendant from around August 10, 201, and that “the Plaintiff would be able to fully repay the instant money when the Plaintiff retires from C” at the time of borrowing the company’s operating funds.

3. Since the Plaintiff retired from C on August 4, 2013, the Defendant is obligated to pay the instant money and damages for delay to the Plaintiff.

B. The Defendant’s assertion is not a loan but an investment fund.

In other words, if the Plaintiff invests KRW 160 million to C as the acquisition fund and operation fund, the Plaintiff paid the instant money to the Plaintiff by employing the Plaintiff as an employee and actively cooperating with practical training, support for business start-up, and management safety after start-up.

2. Determination:

A. In full view of the fact that there is no dispute over recognized facts, the following facts can be acknowledged, taking into account the entries in Gap 1-4, Eul 2-4, and 8 (including branch numbers; hereinafter the same shall apply) and the purport of the entire pleadings.

1) On August 3, 2011, the Plaintiff transferred to the Defendant KRW 240 million, KRW 40 million on December 13, 2011, KRW 20 million on December 22, 2011, and KRW 160 million on December 22, 2011, and KRW 100 million on the account under the Defendant’s name. Meanwhile, on March 31, 2011, the Defendant acquired KRW 20 million on the part of the Defendant, by concluding a share purchase and sale contract with E, for KRW 240 million on March 31, 201.

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