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1. On the Plaintiff (Counterclaim Defendant),
A. Defendant (Counterclaim Plaintiff) Co., Ltd. is KRW 560,000,000 and KRW 450,000 among them.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
Basic Facts
The Plaintiff paid to the Defendant Company KRW 350,000,000,000 on August 11, 2008, and KRW 100,000,000 on September 16, 2008, and KRW 50,000 on September 18, 2008, and KRW 50,000,000 on October 8, 2008, respectively.
[Ground] The Plaintiff’s assertion as to the claim of the principal lawsuit as to Gap’s 1 through 3, and 14 (including the provisional number; hereinafter the same shall apply), and the purport of the entire pleadings, has leased KRW 560,000 to the Defendant Company under the joint and several guarantee of Defendant B, and the Defendants are jointly and severally liable to pay the Plaintiff the above KRW 560,00,000 and the delay damages.
In the light of the defendants' assertion, the plaintiff is the largest shareholder of the defendant company and the substantial managerial right holder of the defendant company, and invests 4,280,000,000 won to the defendant company on nine occasions under the pretext of investment in the development project of the Canadian Islands, and after investing 2,700,000,000 won in the capital increase with capital increase by the defendant company on July 11, 2008, 50% of shares is acquired, and 1,020,000,000 won was collected. The above loan certificate was only prepared by the plaintiff for the purpose of collecting money from the defendant company, and the defendants are not obligated to pay the above money to the plaintiff.
Preliminaryly, the Defendants recognized the lending on August 11, 2008, but at the time of the borrowing on September 16, 2008, the representative director of the Defendant Company was D, and the lending was used as the operating fund of the Defendant Company. The Defendant B did not seal the above lending certificate, and the remainder was borrowed by the Defendant Company. Accordingly, Defendant B did not have any obligation to return the said lending.
Judgment
The following circumstances, i.e., Defendant B, along with D, established the Defendant Company to develop the Kaba Island in the Philippines, by comprehensively taking into account the following circumstances, the evidence adopted earlier, Gap evidence Nos. 5, Eul evidence Nos. 1 and 2, and the overall purport of arguments.