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1. The defendant shall pay to the plaintiff 47,983,386 won and the interest rate of 14% per annum from May 8, 2020 to the day of complete payment.
Reasons
1. Basic facts
A. From the community credit cooperative account in the name of the Plaintiff’s mother C, KRW 20 million was transferred from June 5, 2019 to the corporate bank account of the Defendant (former trade name: D; hereinafter “Defendant Company”), KRW 15 million around July 12, 2019, and KRW 13 million around August 30, 2019, respectively.
B. Around May 7, 2020, KRW 5 million was remitted from the Defendant Company Company Company Company Bank Account to the Plaintiff’s UAS Account.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 6, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff’s assertion 1) The gist of the Plaintiff’s assertion is as follows: (a) the Defendant Company paid KRW 20 million around June 5, 2019 (hereinafter “loan 1”); (b) KRW 15 million around July 12, 2019 (hereinafter “Loan 2”); and (c) around August 30, 2019, KRW 13 million (hereinafter “Loan 3”) with interest rate of KRW 14% per annum; and (d) the Plaintiff received reimbursement from the Defendant Company around May 7, 2020.
B) The above amount of KRW 5 million shall be appropriated for interest of KRW 2,295,081 and KRW 16,614 out of the principal of the loan 1 until the above amount of loan 1, and interest of KRW 1,440,163 up to the time the loan 2 was paid, and interest of KRW 1,248,142 up to the time the loan 3 was paid.
C) Therefore, the Defendant Company is obligated to pay to the Plaintiff 47,983,386 won (=(20 million won - KRW 16,614 won) and 13 million per annum from May 8, 2020 to the date of full payment).
2) The defendant company did not borrow money from the plaintiff.
B) Around April 25, 2019, the Defendant Company entered into a contract for the establishment of a branch office and a production plant with an agricultural company E (hereinafter “Non-Party Company”) with which the Plaintiff was a intra-company director, and entered into a contract for the production facilities with the Defendant Company around May 23, 2019 to provide the non-party Company with the installation of elements and to pay the construction cost to the non-party Company KRW 1.5 billion.