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1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
Reasons
1. The Plaintiff was serving as a non-registered director in C (hereinafter “C”), and the Defendant is a corporation whose purpose is construction business and construction execution business, business concerning the establishment and operation of the Red Sea Ski Facility, educational business, etc., and D is the children of Defendant E’s representative director, and is a non-registered director of the Defendant.
Upon the request of D, the Plaintiff asked F to lend the business fund to the Defendant. Since C was not well aware of the Defendant’s credit standing, the Plaintiff decided to lend the business fund to the Defendant on the condition that the Plaintiff is responsible for all the Defendant’s loan obligations for C if the Defendant fails to repay the loan.
C. On August 9, 2011, C drafted a monetary loan agreement (Evidence A(2) between the Defendant and the Defendant, setting the interest rate of KRW 500 million per annum and the due date as of June 29, 2012.
C transferred KRW 500 million to the bank account of the defendant representative E on the same day.
On August 9, 2011, the Plaintiff agreed with C to pay the principal and interest of the loan to C on behalf of the Defendant when the principal and interest under the said monetary loan agreement are not repaid normally.
(W) Certificate No. 4, E.
Defendant E: (a) assigned the Defendant’s employee on the date of remittance of KRW 500 million, and transferred KRW 100 million to the Plaintiff’s bank account and the national bank account under the Plaintiff’s name; (b) remitted KRW 30 million to D’s foreign exchange bank account; and (c) paid KRW 20 million to D in cash.
In addition, on July 30, 2012, the Defendant remitted the total of KRW 280 million and KRW 120 million on September 26, 2012 to C’s account.
F. As above, the Defendant returned only KRW 400 million to C, and transferred the remainder principal amount of KRW 100 million to the Plaintiff or D account as above.