대여금
1. The Plaintiff:
A. As to KRW 321,286,852 and KRW 310,00,00 among them, Defendant B shall be from April 1, 2016 to July 5, 2018.
1. Loans extended by the Plaintiff as of April 26, 2012 against the Defendants
A. The Plaintiff retired on February 22, 2012 from the president of the E Depository.
Meanwhile, Defendant B served as a director of the E Depository from February 22, 2012 to July 26, 2012.
Around 2008 when he/she was in office, he/she lent KRW 70 million to Defendant C Co., Ltd. (hereinafter referred to as “C”), and was appointed as a representative director on March 19, 2009 by Defendant C’s auditor from October 28, 2008 to March 31, 201; from September 5, 201 to November 4, 2011; and was in office as a representative director from April 12, 2012 to May 30, 2012; and was reappointed as representative director on May 27, 2013.
The lending of KRW 50 million to the Defendants continued monetary transactions with the Defendants, including lending of KRW 50 million.
The Plaintiff’s claim for loans as of April 26, 2012 against the Defendants is set forth in the table below.
(However, the loan certificate of KRW 80,00,000 on April 1, 2010 was drafted on March 31, 2010). [In light of the financial transaction details, etc. in which the Defendants asserted that there was no interest agreement, but the Defendants divided a certain percentage of the principal into principal and remitted to the Plaintiff several times on the same day, it is reasonable to deem that there was a verbal agreement between the Plaintiff and the Defendants on the agreed monthly interest as indicated below] B C
B. Defendant C asserted to the effect that, on September 30, 2009, the purchase price was to be borrowed from the Plaintiff at KRW 462 million by purchasing KRW 462,00,000,00 in the Chang-gu G, J, and its ground buildings (hereinafter “instant real estate”) in the name of F, the Plaintiff’s children, and that, on September 30, 2009, the said purchase price was to be borrowed from the Plaintiff, Defendant C’s debt on September 30, 2009, not KRW 670,000,000,000,000 won.
(1) However, in cases where it is recognized that the person who prepared a private document on September 30, 2009, signed, sealed or affixed the private document in question, barring special circumstances, such as the reversal of such presumption with a reflective document.