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Reasons
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(영문) 수원지방법원성남지원 2016.11.22 2016가단10611
대여금
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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. C Co., Ltd. (hereinafter “C”) supplied goods to D, a representative of the Defendant from around 2003 to 2004.

On the other hand, the time when the plaintiff was appointed as the representative director of C is March 24, 2006.

After being supplied with the above goods, D was closed on November 30, 2004, and the defendant, who was its representative, opened a business on October 5, 2004 with the same trade name (D), but also closed on October 19, 2007.

B. If the part of promissory notes or shares per unit that the Plaintiff delivered to the Defendant, which the issuer is in C, is adjusted, the following table is as follows:

The issue date No. 14,80,000 on September 14, 2004, 14,80,000 on September 14, 2004, 100, and the Defendant C having the representative of the Dispute Settlement Bank D Co., Ltd., on December 2, 2004, borrowed D on October 1, 2004, 1, 5,326,000 on October 5, 2005, 15, 467,000 delivered on October 15, 2004, 30-1 delivered on October 5, 2004; 785, 500 on October 25, 2005 - D loan 4 borrowed on October 5, 2004; 1, 192, 505 on October 31, 2005;

C. In addition, the Defendant issued to the Plaintiff a promissory note (Evidence A No. 4) of KRW 43,254,849 as of September 8, 2004 on the issue date.

On April 7, 2005, the delivery of a promissory note and a confirmation note 1) dated April 7, 2005, the Plaintiff issued to the Defendant a promissory note (Evidence A 3) in the name of the Defendant on July 31, 2005 and KRW 15 million on the date of payment, and the Defendant additionally stated the purport that the promissory note will be returned by July 15, 2005. On May 15, 2006, the Defendant issued a notarized bill in the form of KRW 15 million on the part of the Plaintiff with the confirmation of the above amount of the promissory note to the effect that the Plaintiff will return it by July 15, 2005. 2) The Defendant received the complete delivery of a finished bill from the Plaintiff on April 7, 2005, and prepared a confirmation document stating the following (Evidence A 6) to the Plaintiff, and the Defendant deposited it in the form of a promissory note in the form of KRW 15 million on the security of the Plaintiff:

- old bonds 43.0

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