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Defendant B Co., Ltd. shall pay 400,000,000 won to the Plaintiff and 12% per annum from January 14, 2020 to the day of full payment.
Reasons
1. Determination as to the claim against Defendant B
A. 1) In full view of the overall purport of the arguments in Gap evidence Nos. 2, 4, and 5, the plaintiff and defendant corporation B (hereinafter "defendant company") are deemed to be the defendant company.
(2) According to the above facts, Defendant C, the representative director of the Defendant C, has a relationship with each other; the Plaintiff is obligated to pay to the Defendant Company the amount of KRW 400,000,000 per annum from January 14, 202 to June 10, 2019; and the amount of KRW 400,000,000 per annum, including KRW 100,000,000,000 on July 5, 2019; and barring any special circumstance, the Defendant Company is obligated to pay to the Plaintiff the amount of KRW 400,000,000 and delay damages calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from the day following the delivery date of the original copy of the instant payment order to the day of full payment.
B. 1) The defendant company asserts that the above 400,000,000 won is not a loan to the defendant company, but a loan to the defendant company, and the above 400,000 won is an investment to the defendant company as to the defendant company. 2) The plaintiff is a shareholder of the defendant company D (hereinafter "D"), and the defendant C is recognized as the auditor, but all of the above 400,000,000 won was deposited into the defendant company's account, and there is no special circumstance that the plaintiff should have transferred the investment to the defendant company's account. In light of the above fact that the above 40,000,000 won cannot be found, the above 40,000 won was insufficient to reverse the above recognition and there is no other counter-proof. Thus, the above argument of the defendant company is without merit.
2. Determination as to the claim against Defendant C
A. On May 31, 2019, the Plaintiff’s summary of the Plaintiff’s assertion transferred KRW 80,000,000 to the account in the name of E designated by Defendant C upon Defendant C’s request. As such, Defendant C is obligated to pay the Plaintiff the loan amount of KRW 80,000,000 and delay damages.