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1. The Defendant: (a) KRW 21.6 million to the Plaintiff and the Plaintiff’s 5% per annum from November 10, 2015 to March 29, 2017.
Reasons
Basic Facts
At the time of March 7, 2013, the parties-related C and D were shareholders holding 50% of the shares of the Defendant (hereinafter “Co., Ltd. E”) as of April 26, 2013.
At that time, in-house directors, who are the representative of the defendant, were F, and D and F operated the defendant at the same time.
C was appointed as a defendant's internal director on October 28, 2014, and resigned on June 18, 2015.
A lending C of money has been lent to the Defendant’s account as KRW 20 million on February 25, 2013, KRW 20 million on November 6, 2014, and KRW 12 million on March 2, 2015, respectively, and was transferred from the Defendant to his/her own account and received a partial repayment of the said loans.
C, such as remittance of money, remitted KRW 130 million to the Defendant’s account on April 10, 2013, and D remitted KRW 30 million to the Defendant’s account on April 12, 2013.
around that time, the Defendant opened and operated a hambur franchise (H) store in Seocho-gu Seoul Metropolitan Government 2-dong 103 of G Building 2-dong 103 with funds of KRW 160,000,000 remitted to C and D.
However, after approximately one year, the Defendant discontinued the operation of the H “H” store.
As a result of the reorganization of the store, the Defendant returned KRW 73,069,846 out of the deposit for the store lease to C and D, and transferred KRW 71,534,923 to C and KRW 1,534,923 to D’s account on April 24, 2014, respectively.
On the other hand, D paid KRW 14.7 million to C on August 8, 2014 by account transfer, and KRW 300,000 to KRW 15 million in cash.
The assignment of claims C asserted that the remainder claim of a loan arising from the said monetary transaction is KRW 80,065,077, and that the claim was transferred to the Plaintiff on August 28, 2015.
C notified the Defendant on the same day by registered mail, which reaches the Defendant on August 31, 2015.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, 3 through 5, Eul evidence 2, 5, 7 through 10 (including paper numbers), Eul witness's witness's witness's testimony and pleading.