대여금
1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 30,636,778 and interest thereon from January 2, 2014 to the date of complete payment.
1. Basic facts
A. From May 1, 201 to May 31, 2014, the Plaintiff served in Defendant B Co., Ltd. (hereinafter “Defendant B”) and Defendant C Co., Ltd. (hereinafter “Defendant C”) while engaging in the business of managing customers, trading fees, accounting management, etc.
B. On June 4, 2012, the Plaintiff deposited KRW 20,000,00 to Defendant B in the Plaintiff’s wife name.
C. On November 4, 2013, the Plaintiff deposited KRW 40,000,000 in Defendant C, and KRW 50,000,000 in total, on November 5, 2013.
[Ground of recognition] Facts without dispute, Gap evidence 2, 4, Eul evidence 3 and 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. On June 4, 2012, the Plaintiff asserted that the Plaintiff lent KRW 20,000,000 to Defendant B with interest rate of KRW 900,000 per month (based on 30 days, and KRW 930,000 per day, in case of 31 days). Defendant C provided a loan to Defendant C as KRW 10,00,000 per month on November 4, 2013, and KRW 50,000,000 per month on November 5, 2013.
The Defendants partially repaid each of the above loans to the Plaintiff. Defendant B’s remaining loans as of December 24, 2013 amounted to KRW 11,085,165, and Defendant C’s remaining loans amounted to KRW 30,637,819.
B. The defendants alleged by the defendants did not lend each of the above money from the plaintiff.
The purpose of the Plaintiff’s deposit of the said money in the Defendants’ account is to embezzled the Defendants’ money in collusion with E and in collusion with those engaged in the overall management of the Defendants’ company and the fund management business.
In other words, E used the Plaintiff’s account to make up funds secured by embezzlement of the Defendants’ money again as a loan to the Defendants, and withdraws more money as a repayment, and embezzled money.
Even if the Plaintiff did not participate in the act of embezzlement as above, each of the above money deposited by the Plaintiff is lent to E. If E is funds for the Defendants Company, it will be financed by E.