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1. The plaintiff's appeal and the claim added in the trial are all dismissed.
2. The costs of the lawsuit after the appeal are filed.
Reasons
1. Basic facts
A. C Co., Ltd. (formerly changed: D Co., Ltd.; hereinafter “instant company”) is a corporation engaged in bath business, etc., and the Plaintiff was in office as representative director of the instant company from June 27, 2006 to November 18, 201, and E was in office as managing director of the instant company and operated the instant company together with the Plaintiff. The Defendant, as the owner of the instant company, was in office with the Plaintiff and E., entrusted the operation of the instant company.
B. While making soup at H, Gyeongnam-gun, Gyeongnam-gun (hereinafter “the instant soup”) operated, the instant company fell into management difficulties due to the aggravation of circumstances, such as the establishment of a soup shed, etc. around the said soup. Accordingly, the Plaintiff borrowed KRW 51,008,408 from F to September 17, 2010 as the representative director of the instant company, and used them as operating funds, etc. of the instant company.
C. E borrowed a total of KRW 60,000,000 from F to December 15, 2010 as a management director of the instant company from October 18, 2010, and used it as operating funds, etc. of the instant company.
The instant company borrowed KRW 30,00,000 from F on February 8, 201, and KRW 62,000,000 in total from May 6, 2011 to May 16, 2011, respectively. The F subrogated for KRW 25,00,000 for the instant company’s obligations to D on February 15, 201, and on March 2, 2011, the Changwon District Court 2009,50,000 for the instant company’s appraisal fees, etc. filed by the instant company, etc.
E. F With respect to the money lent to, or borne by, the instant company, the Plaintiff, the representative director of the instant company, on February 23, 201, and on May 30, 201, the Plaintiff, the Plaintiff, the Plaintiff, the amount borrowed KRW 200,000,000, and the due date for payment on May 30, 201, and the rate for delayed payment after the due date was 12% per annum. On May 12, 2011, F entrusted the preparation of an authentic deed by setting the rate of delayed payment at 12% per annum, and on March 31, 2012, there was no interest and the due date after the due date.