대여금
1. The Defendant shall pay to the Plaintiff KRW 130,00,000 and the interest rate of KRW 12% per annum from October 1, 2019 to the date of full payment.
Comprehensively taking account of the overall purport of arguments in Gap evidence Nos. 1 through 4 and Eul evidence Nos. 1 and 2 (including branch numbers), the plaintiff entered into a monetary loan agreement with the defendant on March 5, 2018, and March 16, 2018 at the request of the defendant's internal director, with the defendant's internal director; the plaintiff paid KRW 50,000,000 on March 6, 2018; the plaintiff paid KRW 40,000 on March 19, 208; and KRW 40,000 on June 8, 2018; and D, one of the joint representative directors of the defendant, did not consent to the above monetary loan for consumption.
According to the above facts, a monetary loan agreement between the plaintiff and the defendant on the above money entered into between the plaintiff and the defendant is null and void. Accordingly, the defendant gains a total of KRW 130,000,000, which was remitted from the plaintiff without any legal ground, and the plaintiff suffered a loss equivalent to the above amount.
Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 130,00,000 due to the return of unjust enrichment and the amount of delay damages at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 1, 2019 to the date of full payment, which is clear that the Plaintiff’s delivery of the copy of the complaint of this case to the Defendant.
Therefore, the plaintiff's claim against the defendant is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit. It is so decided as per Disposition.