대여금
1. The Defendant’s KRW 37,66,66 of the Plaintiff and its related KRW 6% per annum from August 17, 2017 to September 6, 2018.
1. The following facts may be found either in dispute between the parties or in full view of the entries in Gap evidence 2, 3, 4, 5, 6, Eul evidence 3, part of the witness C's testimony and the entire purport of the pleadings:
C is the same kind of representative director D of the defendant company, and C and D divide the office of the defendant company into half of each other, and D operate Spatiale Co., Ltd in the name of the defendant company, and C runs the business of selling and selling goods.
B. Upon receipt of a request for lending of money from C, the Plaintiff’s financial account of the Defendant Company as KRW 18,00,000 on December 15, 2016, and KRW 10,000,000 on January 6, 2017; and
2. 17.20,000,000 won for the same year.
2. The same year, 20,000,000 won; and
3. 5. 13.00,000, total amount of KRW 81,000,000 shall be remitted, and KRW 15,00,000,000 on December 30, 2016; and KRW 20,000,00 on February 20, 2017; and
7.10,000,000 won, and the same year.
4. 10,00,000 won in total and 55,000,000 won in return
(hereinafter referred to as “the instant direct loan”) C.
In addition, upon C’s request for a monetary loan, the Plaintiff borrowed money from a third party, and then remitted total of KRW 70,000,000 to the financial account of the Defendant Company on August 27, 2016, and KRW 40,000,000, total of KRW 70,000,000 to the financial account of the Defendant Company on September 10, 2016.
(hereinafter referred to as “instant indirect loan”) D.
On July 4, 2017, the representative director D of the Defendant Company agreed to repay the principal and interest of KRW 3,500,000 per month to the Plaintiff and the instant indirect loan KRW 70,00,000,000. On July 10, 2017, the Plaintiff paid KRW 70,000 to the Plaintiff.
2. The assertion and judgment
A. The Plaintiff’s direct loan of this case, loans of KRW 13,00,000 and indirect loan of KRW 13,000 on December 28, 2016, all of which are alleged by the Plaintiff, are loans to the Defendant Company.
Therefore, the amount that the Plaintiff directly lent to the Defendant Company is KRW 94,00,000,000, which is the total of KRW 81,000,000 and KRW 13,00,000,000 on December 28, 2016, and was paid out only KRW 55,00,000 from the Defendant Company, and did not receive KRW 39,00,000,00, which is the difference.
In addition, this case.