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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 November 30, 2012, the Plaintiff paid KRW 120,000 to the Defendant Company; in return, the Plaintiff registered the Plaintiff as a director of the Defendant Company; transferred 35% of the shares of the Defendant Company to the Plaintiff; and the Defendant Company entered into an agreement with the Plaintiff to pay the Plaintiff a dividend and salary of KRW 60,000 per annum; according to the said investment agreement, the Plaintiff transferred KRW 120,000 to the Defendant Company on the date of the said agreement.
B. However, as the Defendant Company did not assign the Plaintiff the share transfer and the position of directors as stipulated in the above investment agreement, the Plaintiff requested the Defendant Company to return the above KRW 120,000,000 to the Defendant Company. Accordingly, the Defendant Company offered to the Plaintiff that the Plaintiff modify the instant investment agreement to the effect that the Plaintiff would make a loan to the Defendant Company at an annual interest rate of 30,000,000 won, and that the said investment agreement was modified into an agreement to lend the said KRW 120,000 to the Defendant Company at an annual rate of 30% (hereinafter “instant loan agreement”).
C. According to the instant loan agreement, the Defendant Company remitted each of the money of KRW 3 million to the Plaintiff as the interest repayment title for the said loan (in the name of the Defendant Company C, the representative of the Defendant Company C), January 31, 2013 (the above D name), March 4, 2013 (the above D name), and April 1, 2013 (C name), respectively, of KRW 3 million (in the name of 1.20 million, the interest rate of KRW 36 million per annum on KRW 1.26 million), respectively, to the Plaintiff as the interest payment title for the said loan. The Defendant Company wired each of the money of KRW 60 million (C name) on April 9, 2013, and KRW 10,000 (C) on April 29, 2013 to the Plaintiff as the principal payment title.
On the other hand, on April 9, 2013, the Plaintiff filed a claim for payment of KRW 100 million and damages for delay with the introduction by the representative C of the Defendant Company E as a co-defendant in the instant lawsuit, and the said E was on the first date for pleading.