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1. All appeals filed by the Plaintiff and Defendant B are dismissed.
2. The costs of appeal arising between the Plaintiff and the Defendant B are individual.
Reasons
1. Basic facts
A. D Co., Ltd. (hereinafter “D”) is a company established around September 2003, and Defendant B was registered as an intra-company director on January 22, 2014, starting from April 2004 to work in D. The Defendant C was serving as the representative director from the time of its establishment.
B. On November 15, 2006, the Plaintiff remitted KRW 280,670,730 to E’s account (Korean bankF) and prepared a sales contract of shares with the purport that D common share KRW 30,826 per share purchase amount of KRW 9,105,670,730 per share between E and E.
C. On February 8, 2007, the Plaintiff transferred KRW 98 million to the account of D representative director C (New Bank G), KRW 2,1360,000 to the D account (New Bank H) on February 9, 2007, KRW 2,1360,000 to May 18, 2007, and KRW 89,100,000 to the D account on September 17, 2007.
The Plaintiff remitted each of the KRW 50 million to Defendant B’s wife J account on May 2, 2008, and KRW 1.5 million on November 25, 2013. Defendant B drafted a letter of performance as follows on September 4, 2014 to the Plaintiff.
Defendant B, each letter of performance, in October 2008, borrowed KRW 45,00,00 as the deposit for the lease of an apartment in which he/she resides as of October 31, 2008 and paid KRW 320,000 as interest per month, but fails to comply with it. Defendant B, each letter of performance, paid KRW 10,00,000 on September 15, 2014 in the future, and paid KRW 1,150,000,000 on November 15, 2014, and repaid the total amount of the debt by December 31, 2016.
E. Meanwhile, on September 30, 2014, Defendant B drafted a factual confirmation of the following content (hereinafter “instant factual confirmation”) to the Plaintiff.
Defendant B, as the Plaintiff,
1. If the D representative director lent KRW 290,00,000 to Defendant C, it had been notified that the principal would be guaranteed and that the principal would be paid KRW 3,00,000 per month, and that the Plaintiff would be recommended to the Plaintiff. Around February 2007, the documents regarding the money lent to the Plaintiff were not written and demanded to be written.