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1. The part against the defendant in the judgment of the first instance shall be revoked;
2. The plaintiff's claim against the defendant is dismissed.
3...
Reasons
1. Basic facts
A. The co-defendant C of the first instance court is a person who was the representative director of D Co., Ltd. (hereinafter referred to as D), and the defendant is a person registered as D's auditor.
B. On August 5, 2008, D leased from Nonparty E an amount of KRW 1727,00,000 per deposit, KRW 750,000 per month of rent, from August 11, 2008 to August 10, 2009. The Plaintiff’s seal is affixed on the lease agreement, and the Defendant signed on August 21, 2008, stating that “The value-added tax shall be paid by the lessee at the time of the issuance of the tax invoice.”
C. The deposit under the above F building 1727 was paid by the Plaintiff to the lessor at his own expense, and the Plaintiff also paid management expenses from February 2, 2009 to May 2 of the same year.
C On May 7, 2009, the Plaintiff prepared a cash storage certificate stating that “The Plaintiff shall be reimbursed KRW 8.5 million by 2009,000,000 for rental deposits and operating funds in heading 1727 of the Mapo-gu F building.”
【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 9, the purport of whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion (1) C conspired with the Defendant on July 2008, which led the Plaintiff to be in progress of the Incheon Airport Maritime Hotel business.
C and the defendant leased D's office for the above business to operate the corporation, and lent 10 million won of office deposit to the corporation.
C and the defendant made a false promise to return only one month, and the plaintiff was lent 10 million won as of August 5, 2008 to C and the defendant.
(2) Since then, the Plaintiff paid monthly rent and management expenses on behalf of the Plaintiff, and remitted money to the Defendant for other expenses, and paid KRW 8 million in total to C and the Defendant.
(3) After the establishment of the above office, the Plaintiff returned 1.5 million won remaining after deducting the rental fee from the lessor’s deposit. The Plaintiff lent the remainder to C and the Defendant.