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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On October 31, 2008, C completed business registration with the trade name “D” and operated a wedding business under the Defendant’s name. On May 26, 2010, C established the Plaintiff on May 26, 2010 with the mind that the business is converted into a corporation and the Plaintiff comprehensively acquired the rights and obligations of “D” on June 30, 2010.
Since then, the defendant is a director and full-time employee in charge of finance-related affairs.
B. Around August 2008, the Defendant obtained a loan of KRW 1,850,00,000 from G Bank as a debtor on the land of Mapo-gu Seoul and its ground buildings in which he/she owns his/her shares, and invested KRW 1,200,000 among them in D. When the Plaintiff was established, the Defendant obtained a loan of KRW 4,60,000,000 from H Bank as a debtor on the security of each of the above real estate and obtained a credit loan of KRW 300,00,000 from H Bank for business purposes.
Before receiving the above loans, the Plaintiff, the Defendant, and C used the above loans of KRW 2,750,000,000 among the above loans of KRW 4,600,000,000,000 to repay the existing loans owed by C with respect to the Plaintiff, the owner of the Plaintiff’s wedding Site, and thereafter C repaid them; and the remainder of KRW 1,850,000,000,000, was agreed to use the loans for the repayment of the Defendant’s obligations; and the Defendant agreed to use the loans from the credit loan account of KRW 300,00,000 to use the Plaintiff’s operating funds.
(hereinafter “instant loan”). The Defendant fully repaid KRW 1,864,374,500,000 with the above loan plus KRW 1,850,000,000 in total, including the above G Bank’s loan principal and the early repayment fee.
C. On August 5, 2011, the Plaintiff entered into a partnership agreement with 21 members including the Defendant. Article 3 of the partnership agreement provides that the total share of 21 members with respect to the equity shares of the partners is KRW 12,186,45,984, among which C, 3,483,45,984, and the Defendant 1,200,000,000.