beta
Text
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.
The defendant.
Reasons
1. Determination as to loan claims
A. The Plaintiff’s basic facts are not to transfer KRW 3 million to the foreign exchange bank account under the name of the Defendant, KRW 3 million on August 5, 2009, KRW 3 million on August 27, 2009, KRW 4 million on September 4, 2009, KRW 100 million on September 21, 2009, KRW 2 million on November 25, 2009, KRW 9 million on November 25, 2009, KRW 3 million on December 28, 2009, KRW 9 million on December 2, 2009, KRW 3 million on December 3, 2009, KRW 9 million on December 2, 2009, KRW 9 million on December 3 million on December 3, 2009, KRW 9 million on December 4, 200, KRW 9 million on the part of the Plaintiff’s new bank account, KRW 3 million on September 28, 2009.
B. According to the above facts, barring any special circumstance, the Defendant is obligated to pay the remainder of the loan 18.5 million won (=4.5 million won - 26 million won) to the Plaintiff and delay damages.
C. The Defendant’s defense, etc. 1) is a defense that the Defendant satisfied all of the remainder of the loans. Thus, the Defendant’s defense, etc. is a stock company that actually operates the Plaintiff (hereinafter “D”) with a total of KRW 18.5 million on April 29, 2010, KRW 8.3 million on September 17, 2010, KRW 1200,000 on October 1, 2010, KRW 8.8 million on October 3, 2010, KRW 320,000 on October 3, 2010, KRW 150,000 on October 15, 2010, KRW 250,000 on October 20, 2010, KRW 18.5 million on October 20, 2010.
(2) The Plaintiff’s transfer to the national bank account in the name of the Plaintiff is without dispute between the parties. (2) As to this, the Plaintiff’s transfer of KRW 1 million to the Defendant on April 27, 2010, apart from the Plaintiff’s loan stated in the purport of the claim, to the Defendant’s repayment of the money that the Defendant lent to the Defendant under the name of the said company on April 27, 2010, and the remainder of KRW 17.5 million (= KRW 18.5 million - one million) is below the Defendant’s head of Busan Branch Co., Ltd.