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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Summary of the parties' arguments
A. On February 22, 2007, the plaintiff lent to the defendant a total of KRW 80 million on April 2, 2007, KRW 20 million on March 14, 2007, KRW 10 million on April 2, 2007, KRW 80 million on April 13, 2007, and KRW 80 million on May 30, 2008. 2) Even if the defendant is not liable to pay the above KRW 80 million on July 8, 2008, the defendant is obligated to pay the above KRW 30 million between the plaintiff and the plaintiff on July 18, 2008.
3) The Defendant’s representative director C Co., Ltd. (hereinafter “Nonindicted Company”) is the Defendant’s representative director.
(4) The Defendant is obligated to pay joint liability for the obligations of the non-party company in accordance with the theory of denial of legal personality, as it actually operates as one company. The Defendant seeks to evade the obligations of the non-party company on the ground of its legal personality, even if the non-party company was in arrears with its own loans, which goes against the principle of good faith.
B. The summary of the defendant's assertion is that the non-party company whose representative director is the defendant borrowed money from the plaintiff, and the defendant did not borrow money or expressed his/her intent of joint and several liability.
2. Judgment on the ground of the Plaintiff’s claim
A. In full view of the Plaintiff’s argument as to the Plaintiff’s above-A-1, Gap evidence Nos. 1 and the purport of the entire pleadings, the Defendant’s above 80 million won out of the total amount of KRW 80 million was paid to the Defendant’s personal account in the Defendant’s personal name, and the loan certificate that the non-party company prepared and sealed the Defendant’s personal seal to the Plaintiff (the non-party company’s personal seal impression as well as the non-party company’s corporate seal impression as well as the Defendant’s personal seal is recognized. On the other hand, in full view of the entries and arguments in subparagraphs 4 through 7 and 10, the Plaintiff entered into a contract for construction work between the non-party company and Busan on February 21, 2007, with respect to the construction work of building F-building on the land of Dongdong-gu, Busan, and the non-party company (the Plaintiff) entered into force.