1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Facts of recognition

On January 21, 2014, the Defendant transferred all shares of C Co., Ltd. (hereinafter “instant company”) from the Plaintiff, and assumed office as the representative director of the instant company on the same day.

Around that time, the Defendant borrowed from Nonparty D’s new bank account in the name of E, his father and wife, for the purpose of using it in the operation of the instant company.

On January 23, 2014, the Plaintiff remitted KRW 2,000,000 to the above account of Nonparty E.

[Ground of recognition] The plaintiff asserts that there is no dispute, Gap 1-4 evidence, the purport of the whole pleadings, and the plaintiff's argument that the money transferred to E account is a loan to the defendant.

The defendant's arguments are as follows.

The plaintiff, as the representative director of the company of this case, deposited the above money for the management of the company of this case, and collected all the money invested in the company of this case while transferring shares to the defendant.

The above money can only be claimed against the company of this case, even if it was already recovered from the company of this case or was not yet recovered.

Judgment

In light of the fact that the Plaintiff transferred all the shares of the instant company to the Defendant and then resigned from the representative director, and that the account of E that the Plaintiff remitted money was used individually by the Defendant for the management of the company, it is reasonable to deem that the said money was a loan to the Defendant at the request of the Defendant.

The defendant is obligated to pay 2,00,000 won to the plaintiff.

The plaintiff's claim for the decision is reasonable and acceptable.

The judgment of the first instance court is just in conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition.