대여금
1. The defendant shall pay to the plaintiff KRW 46,166,923 and KRW 25,948,228 among them, from April 5, 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 whole purport of the pleadings in Gap evidence Nos. 1 through 3 (including the number of evidence No. 1).
2. Determination
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff a total of KRW 46,166,923 of the balance of each of the instant loans and damages for delay calculated by the rate of 15% per annum from April 5, 2016 to the date of full payment, with respect to KRW 25,948,228 of the principal.
B. As to this, the Defendant asserts to the effect that the Plaintiff’s claim is unjustifiable since the representative C obtained bankruptcy and immunity from the Supreme Court Decision 201Hau 2326, 2011, 2326, 201, and 2326. However, in the instant lawsuit seeking performance against the Defendant who is a corporation, the Defendant’s exemption from the representative individual cannot be a legitimate 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.