1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

1. The parties' assertion

A. At the time of incorporation of the Plaintiff, the Plaintiff paid 30,000,000 capital on behalf of the Defendant who acquired shares of 20% at the time of the Plaintiff’s establishment, thereby lending the equivalent amount to the Defendant.

Therefore, the defendant is obligated to pay to the plaintiff KRW 30,000,000 and damages for delay.

B. The Defendant’s assertion is an oriental medical doctor, and the Defendant merely provided necessary medical knowledge and skills at the request of the Plaintiff who intends to establish a specialized hospital related to a tugboating, and did not have promised to directly contribute funds necessary for the establishment of the corporation.

2. Determination

A. The following circumstances are comprehensively established based on Gap evidence Nos. 2, 3, 4, and 13 as to the recognition of a lending contract and the overall purport of arguments. ① The plaintiff and the defendant establish a limited company C (hereinafter "the company of this case") for the purpose of medical and pharmaceutical research and development, etc. around July 2015, the defendant decided to contribute 30% of the company's shares (i.e., 20% defendant's spouse 9% defendant's spouse) to the company of this case. ② On July 27, 2015, the plaintiff knew that it is necessary to pay capital to the defendant for the establishment of the company of this case and notified the account number of his bank. ③ The plaintiff transferred money equivalent to the defendant's share to the capital account on July 28, 2015, ④ The defendant cannot be viewed as being exempted from the defendant's obligation to sign and seal the company of this case, and the defendant cannot be viewed as being exempt from the defendant's capital.

B. According to the theory of lawsuit, the defendant.