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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. In fact, the Plaintiff transferred KRW 10 million to the Defendant Company’s account on March 28, 2014, and KRW 20 million on May 7, 2014, respectively. On May 20, 2014, the Plaintiff transferred KRW 30 million to the Defendant Company’s account. On May 20, 2014, the Plaintiff transferred KRW 18 million from the Defendant Company’s account to the Defendant Company’s account.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. The plaintiff asserts as follows.
D On January 7, 2014, the Defendant Company agreed to take over the shares and management rights of the Defendant Company from E, the representative director of the Defendant Company, and accordingly, paid the down payment of KRW 50 million to the Defendant Company’s management.
After that, the Plaintiff loaned KRW 48 million to the Defendant Company by transferring money to each of the accounts designated by D upon D’s request (i.e., KRW 10 million on March 28, 2014, KRW 20 million on May 7, 2014, KRW 30 million on May 20, 2014, and KRW 18 million on the Defendant Company’s operation fund out of KRW 30 million on May 20, 2014).
Therefore, the defendant company is obligated to pay to the plaintiff the above 48 million won and damages for delay.
3. Therefore, we examine whether there was a monetary loan agreement between D and the Plaintiff, representing the Defendant Company.
According to the statement No. 4, No. 2, No. 2-2, and witness F’s testimony, D made a settlement agreement (hereinafter “instant settlement agreement”) with E on January 7, 2014. According to the settlement agreement in this case, D would pay the purchase price at KRW 1,977,82,461 to E on January 6, 2014, and D would pay KRW 50 million to E as the down payment and register a person designated by D at the same time as the representative director of the Defendant company. After the settlement agreement in this case, C, who is an infant of D, as the representative director of the Defendant company, was appointed on January 10, 2014 (registration on January 15, 2014) but resigned on May 13, 2014 (registration on May 14, 2014) (registration on May 14, 2014).