대여금
1. Defendant B shall pay to the Plaintiff (Counterclaim Defendant) KRW 45,00,000 as well as the interest rate from May 2, 2017 to the date of full payment.
1. The following facts may be acknowledged in light of the overall purport of the pleadings in each of the statements in Gap evidence Nos. 1-1, 2, Eul evidence No. 1, Eul evidence No. 2, Eul evidence No. 1-6, Eul evidence No. 8, Eul evidence No. 1-2, Eul evidence No. 8, and Eul evidence No. 1-2.
Defendant B is the representative director of the limited liability company D (hereinafter “D”), and Defendant C is currently in charge of divorce and divorce lawsuit, and the Plaintiff worked as the vice president from February 2015 to February 2015.
B. On February 2, 2015, the Plaintiff borrowed KRW 100 million from the branch and deposited in D, and on February 4, 2015, the Plaintiff deposited KRW 5 million in cash into D.
C. From February 4, 2015 to May 5, 2015, Defendant C deposited KRW 47 million in Defendant B’s passbook, but returned KRW 2 million again. At that time, Defendant C notified D’s accounting staff that “the Plaintiff’s money was deposited in the Plaintiff’s name” and recorded that “the KRW 45 million was deposited in the Plaintiff’s account book.”
On February 5, 2015, the Plaintiff remitted KRW 30 million to Defendant C, KRW 13 million on February 13, 2015, and KRW 13 million on February 13, 2015.
E. After having received the aforementioned KRW 100 million from D, the Plaintiff concluded conciliation on March 28, 2017 with the following grounds: “D shall pay the Plaintiff KRW 5 million to the Plaintiff, and the Plaintiff shall not be paid to D,” upon the dispute: (a) filed a lawsuit against D seeking payment of KRW 50 million loan (hereinafter “previous lawsuit”); (b) whether Defendant B, the representative director of D, paid KRW 45 million from the Plaintiff; and (c) whether the payment was made to Defendant B, a natural person, was not paid to D; and (d) on March 28, 2017: “D shall pay the Plaintiff KRW 5 million, and the Plaintiff shall waive the remaining claims against D.”
F. Meanwhile, on March 18, 2015, Defendant C remitted KRW 1 million to the Plaintiff, and on April 2, 2015, Defendant C remitted KRW 2 million to the Plaintiff.
2. Determination as to the principal claim against Defendant B
A. The parties' assertion (1) The plaintiff is the primary principal claim of this case, and upon the defendant B's request for the loan.