beta
Text
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Facts of recognition;
A. The Defendant was the representative director of D Co., Ltd. (hereinafter “D”), and C substantially operated D as the father of the Defendant.
B. With respect to the new construction of a 9-story concrete roof building (hereinafter “F building”) on the ground of 491.4m2 in Yansan-gu, Seoul Special Metropolitan City, where D limited liability companies (hereinafter “S”) were selected and implemented as a contractor, the Plaintiff transferred KRW 265,600,000, and ② KRW 10,000,000 on May 31, 2004; ③ KRW 15,000,000, ③ KRW 17,17,000,000 on June 17, 2004; ④ 491.4m2 (F building) from the corporate bank account (R) under the Plaintiff’s name to the former North Korean bank account (S) in the name of the Defendant.
【Unfounded grounds for recognition】 The facts without dispute, Gap evidence 1, Eul evidence Nos. 4 and 5 (including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings
2. Determination as to the cause of claim
A. The gist of the Plaintiff’s assertion D issued Promissory Notes or the shares of shares for the payment of the construction cost necessary for the construction of the F building to Heung Construction. As such, the due date for the payment of promissory Notes or shares of the F building arrives, the Defendant requested the Plaintiff to provide financing due to the shortage of funds in D.
Therefore, the Plaintiff lent the Defendant’s account to five times in total to KRW 360,600,000.
Therefore, the Defendant is obligated to pay the Plaintiff a loan of KRW 360,600,000 and damages for delay.
B. Where it is unclear whether the Plaintiff’s transfer of money constitutes a monetary loan because of the failure to prepare a contract or a loan certificate between the parties, the parties to the judgment 1 are involved, and the details and motive of receiving money by means of account transfer, and the parties to such account transfer.