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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The judgment of the court of first instance.
Reasons
1. The following facts may be acknowledged in full view of the following facts: (a) there is no dispute between the parties; (b) evidence Nos. 1 to 3; (c) evidence No. 7; and (d) testimony of witness C of the first instance trial; and (c) the purport of the entire pleadings
The Plaintiff remitted total of KRW 100 million to the Defendant Company’s account, including KRW 50 million on April 8, 2009 and KRW 50 million on April 14, 2009.
B. The details that the Plaintiff received from the Defendant Company are as follows.
The repayment date (limited to the full amount) Nos. 27, 100 on July 27, 109; 2,000 on June 1, 200 on September 1, 200 on September 80, 209; 30 on October 30, 80 on October 30, 111, 304 on December 30, 304 on December 80, 24, 2004 on December 80, 180 on July 18, 16, 200 on the aggregate of 80,000 on September 30, 206, 200 on May 16, 205;
2. Determination as to the cause of action
A. As seen earlier, the Plaintiff asserted that the Defendant Company received a refund of KRW 20 million out of the principal on July 27, 2009 and received a refund of KRW 80 million out of the principal on July 27, 2009, and the remainder of KRW 80 million shall be converted to the loan, and the interest shall be paid at the rate of KRW 800,000 per month from the end of August 2009 to the end of June 201, and the interest was paid at the rate of KRW 22 months from the end of June 201, but did not receive the remainder of KRW 80,000 and interest thereon after July 1, 2011.
In addition, the plaintiff asserts that even if it is not recognized that the interest agreement was made, the defendant should return the amount of 80 million won investment, plus damages for delay calculated at the rate of 6% per annum from July 27, 2009 to July 27, 2009 under the Commercial Act.
As the defendant company, the former representative director, received an individual investment from the plaintiff in order to raise the operating fund of the defendant company, the defendant company is to restore the investment agreement to its original state.