대여금
1. Defendant B shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from October 18, 2016 to the date of full payment.
1. Basic facts
A. The Plaintiff is the actual operator of E who is registered as a business operator under the name of his spouse D.
B. The Plaintiff deposited into the account in the name of the Defendants as follows. At the time, Defendant B was the representative director of F Co., Ltd. (hereinafter “F”), Defendant C was the representative director of G Co., Ltd. (hereinafter “G”) and F’s director.
Defendant B’s KRW 15,000,000 on November 26, 2012, KRW 15,000,000 on November 27, 2012, KRW 15,000,000 on November 27, 2012, KRW 15,000,000 on November 15, 2012, KRW 10,000 on KRW 10,000 on November 28, 2012, KRW 40,000 on the aggregate of KRW 18,00,000,000 on November 29, 2012.
C. On November 26, 2012, the Plaintiff deposited into Defendant C’s account, KRW 15,00,000, KRW 15,000,000 as of November 27, 2012, and KRW 8,000,000 as of November 28, 2012, out of KRW 10,000,00 as of November 28, 2012, and KRW 38,00,00,000 as of KRW 38,00,00 as of November 27, 2012 and November 28, 2012.
Of KRW 10,00,000 on November 28, 2012, the Plaintiff deposited into Defendant C’s account, and KRW 20,000,000 on November 29, 2012, and KRW 18,000,000 on November 30, 2012, were paid to G.
Meanwhile, on October 29, 2010, G was awarded a contract for the construction of a new factory at KRW 827,200,000, not from Lidlon Co., Ltd. (hereinafter “Lidlon”). On September 22, 2014, G adjusted the said construction amount to KRW 680,000,000.
E, G, and Lidlon agreed on September 22, 2014 to directly pay KRW 160,900,000 of the construction cost that Lidlon should pay to G (hereinafter “instant direct payment agreement”).
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 2, Eul evidence 2, 3 and 5 (including branch numbers), the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff loaned KRW 40,000,00 to Defendant B, and KRW 58,00,000 to Defendant C, and the Defendants are obligated to repay the loan.
B. Defendant B requested the Plaintiff to lend a loan for the improvement of F’s financial structure, and borrowed a total of KRW 98,00,000 from the Plaintiff.