1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

1. As to the cause of claim

A. Since around 1995, C was registered as representative director in the Defendant’s corporate register, and C transferred the right to operate the Defendant to D who was registered as the Defendant’s internal director as of August 2013. 2) Upon D’s request, the Plaintiff transferred the amount of KRW 22 million to the Defendant’s deposit account in the Defendant’s name on August 9, 2013. The said amount was used as the Defendant’s operating fund. From the 14th to the 28th day of the same month, the said amount was transferred from the Defendant’s deposit account in the Defendant’s name to the Plaintiff’s deposit account in the Defendant’s name.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2, Eul evidence 1 (including additional number), the purport of the whole pleadings

B. According to the above facts, D, who was authorized to substantially operate the Defendant at the time of the above lending, borrowed the Defendant’s operating fund from the Plaintiff on behalf of the Defendant and returned only part of the loan. As such, the Defendant is obligated to pay the Plaintiff the amount of KRW 8 million remaining after the lending from June 11, 2014 to July 11, 2014, the delivery date of a copy of the complaint, 5% per annum as stipulated in the Civil Act, and 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. 2), as the Defendant borrowed money at the time of the operation of the Defendant, D is liable. However, as long as D was practically operated by acquiring the Defendant’s operating authority from the Defendant’s representative director, the Defendant’s act of borrowing the Defendant’s operating fund on behalf of the Plaintiff is naturally effective for the Defendant.

Therefore, the defendant's above argument cannot be accepted.

2. The plaintiff's claim is justified, and the judgment of the court of first instance is just in conclusion.