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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. The gist of the Plaintiff’s assertion is that C, the Defendant, the Defendant of the Defendant, holding office as the president of the Plaintiff from March 30, 2009 to February 5, 2013, the Defendant borrowed KRW 590,323,600 in total over 18 times between October 28, 2009 and January 23, 2013, and repaid only KRW 52,500,00 in total on seven occasions between July 6, 2009 and July 13, 2012.
Therefore, the Plaintiff sought 67,823,600 won (i.e., 590,323,600 won - 522,500,000 won) and damages for delay from the above loans to the Defendant.
2. The fact that C is the Defendant’s Silverb, is not a dispute between the parties, and considering the overall purport of the pleadings as to the statement No. 1-1-1-1-1-7, No. 2-1 through No. 7, and No. 1-2-1-2, and No. 1-2, even during the above period from March 30, 2009 to July 18, 2010, C was subject to suspension of the execution of duties from Aug. 13, 2009 to Nov. 2, 2009, by the ruling of Liwon District Court’s horizontal Housing Site Members, and the next performance of duties was suspended from February 5, 2010 to July 18, 2010.
In addition, from January 5, 2012 to November 15, 2012, the Plaintiff served as the president of the Plaintiff, and from August 6, 2009 to each of the Defendant’s respective financial institutions, “the details remitted by the Plaintiff to the Defendant” in the attached table of remittance to the Defendant, the Plaintiff remitted KRW 598,795,600 in total over 28 times between August 6, 2009 and January 23, 2013. The Defendant, as indicated in the attached table of remittance statement to the Plaintiff, sent the Plaintiff KRW 522,50,00 in total seven times from July 6, 2009 to July 13, 2012, there is no sufficient evidence to acknowledge that the Plaintiff remitted each of the above money to the Defendant. However, there is no further need to examine the remainder of the Plaintiff’s assertion in the attached table of remittance.
3. If so, the Plaintiff’s instant case.