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The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
purport.
Reasons
1. Determination as to the cause of claim
A. Facts of recognition 1) The Plaintiff transferred the Defendant’s account totaling KRW 23,200,000,000 on July 23, 2018, KRW 3,700,00 on August 24, 2018, KRW 4,000,000 on September 11, 2018, KRW 10,000 on October 15, 2018, and KRW 23,20,00,000 on November 30, 2018.
Defendant: B. B.D.
In addition, if liquidation or in-house share purchase is to be reduced. The plaintiff must reduce the amount of money borrowed by the defendant for a long time. Down and the plaintiff: the plaintiff who borrowed money for the defendant who should be reduced:
i. Doescia;
Defendant:
E. Plaintiff: 23,500,000 won: Defendant:
(v) Plaintiff: the Defendant, as soon as it must be dissolved immediately after the birth of the Plaintiff: must be left: must be given to the Defendant, and if physically possible, should be given to only one second.
Judgment
In addition to the purport of the entire pleadings, it is reasonable to view that the Plaintiff lent KRW 23,200,000 to the Defendant from July 23, 2018 to November 30, 2018.
(A) The Defendant is obligated to pay the Plaintiff a loan of KRW 23,200,000 and damages for delay calculated at the rate of 12% per annum from June 21, 2019 to the date of full payment, which is the day following the delivery of a copy of the instant complaint, to the day of full payment.
2. Judgment on the defendant's assertion
A. Defendant’s assertion 1) Of the above KRW 23,200,000, the amount of KRW 2,500,000, which was remitted by the Plaintiff on November 30, 2018, is not the loan but the amount that the Defendant received from the Plaintiff in advance from the Plaintiff as a monthly wage and dividend for the corporation C. The Plaintiff and the Defendant agreed to settle the said KRW 23,200,000 upon the liquidation of the Plaintiff Company C, and the conditions were not fulfilled due to the Plaintiff’s failure to liquidate C, and thus, the Plaintiff cannot seek payment of KRW 23,20,000 to the Defendant.
B. The Defendant added to the statement No. 4 of the judgment No. 1 and the purport of the entire pleadings.