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1.The judgment of the first instance shall be modified as follows:
The plaintiff's primary claim and the conjunctive claim are all dismissed.
2.
Reasons
1. The following facts shall be acknowledged, either in dispute between the parties or in full view of the purport of the entire pleadings, as stated in Gap evidence 1 to 3 and Eul evidence 1 to 4:
[1] On April 21, 2008, the Plaintiff agreed to lend KRW 300,000 to Defendant B Co., Ltd. (hereinafter “Defendant Company”), a company conducting apartment construction (hereinafter “Defendant Company”), with the due date set on May 30, 2008. Defendant C, a representative director of the Defendant Company, guaranteed the above loan obligations of Defendant Company.
The Defendants drafted on April 21, 2008 the “Agreement on Loan” (Evidence 1; hereinafter “the instant loan agreement”) with the Plaintiff. The said agreement states that the amount of the loan was KRW 300,000,000, and the date of repayment was April 21, 2008, and the date of repayment was May 30, 2008, and there was no stipulation as to interest.
On April 21, 2008, the Defendants drafted a “certificate of re-employment” (Evidence A2; hereinafter “instant certificate of employment”) on the part of the Plaintiff, stating the “inbound of the branch of Korea Exchange Bank’s revenue and expenditure” (hereinafter “instant certificate”), and the details indicated therein are as follows.
Name: Name A: The position in charge of management: Annual salary / 100 million won (the separate burden at us in the income tax) and 300 million won / interest on loans from foreign exchange banks (the interest rate of 24% per annum) / The above payment is currently in office to work for the vice president in charge of management of us from April 15, 2008, and our National Bank PF loans 48.5 billion won in April 21, 2008 as security to pay interest on the above-mentioned possession and over-si D real estate at the foreign exchange bank (branch) and transfer them from April 21, 2008 to our account, under the condition that he/she will be jointly and severally guaranteed by the vice president C, and to repay it by May 30, 2008.
The plaintiff on April 21, 2008 agreed 300,000.