대여금
1. The defendant shall pay to the plaintiff the amount of KRW 362,161,776 and the amount of KRW 93,295,023 from January 29, 2016 to the date of full payment.
1. The facts alleged by the Plaintiff as the cause of the instant claim do not conflict between the parties, or can be acknowledged by comprehensively considering the purport of the entire pleadings in each of the entries in Gap evidence Nos. 1 and 3.
2. Determination
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff a total of KRW 362,161,776 of the balance of the instant loan and damages for delay calculated by the rate of 15% per annum from January 29, 2016 to the date of full payment of the principal amount of KRW 93,295,023.
B. As to this, the Defendant asserts to the purport that the Plaintiff’s claim is unreasonable since the representative B was subject to bankruptcy and immunity under the Suwon District Court Decision 2009Hadan10348, 2009, 10348, and 10348. However, in the instant lawsuit seeking the performance of the principal obligation against the Defendant who is a corporation, the representative’s individual was exempted from the joint and several liability cannot be a legitimate ground for defense.
The defendant's above assertion is without merit.
3. Conclusion, the Plaintiff’s claim of this case is accepted on the grounds of its reasoning.