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1. Revocation of the first instance judgment.
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. 1) The Plaintiff, Defendant, and G are jointly D Co., Ltd. (hereinafter “D”) around December 29, 2010, around December 29, 2010.
(2) On January 7, 2011, the Defendant concluded a contract for acquisition of shares and management rights (hereinafter “instant acquisition agreement”) with the Defendant to acquire KRW 17.5 billion of the acquisition price of the said company, including the down payment of KRW 18 billion, with the Plaintiff raised the remainder of KRW 12 billion, and the Plaintiff may use the management right and shares of KRW 17.5 billion as collateral, and the Plaintiff agreed to provide joint and several surety for KRW 6 billion raised by the Defendant and G. (2) Around January 7, 2011, the Defendant entered into a contract for acquisition of shares and management rights with the Plaintiff, including KRW 17.5 billion of the D’s shares and the management right to acquire KRW 18 billion of the D’s shares and KRW 18 billion of the acquisition price (hereinafter “instant acquisition price agreement”). On January 10, 2011, the Defendant entered the said contract as “the purchaser and Nonparty 1”).
B. The Defendant paid 1.8 billion won of the down payment to the seller under the instant first acquisition agreement. Of note, KRW 900 million was invested in KRW 1.8 billion, and the remainder KRW 900 million was the money borrowed from E. However, E loaned the said money to the Plaintiff, who is aware of the private interest of the de facto pharmaceutical company, and the Plaintiff was the Defendant and J as joint borrower on January 7, 201, and the Plaintiff was designated as KRW 1.0 billion from E on March 7, 201 and as interest rate of KRW 10 billion on March 7, 2011 (However, the loan certificate was written as KRW 1.2 billion including the amount to be received as the interest, and the loan certificate was written as KRW 1.2 billion.
(2) On the other hand, on January 7, 2011, the aforementioned loan certificate was prepared by the Defendant on January 7, 201, setting the Plaintiff’s maturity of KRW 1 billion on January 6, 2012, and at 10% per annum, and the said monetary loan contract aims to “the Defendant” make a temporary loan.