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1. The Defendants jointly share KRW 180,000,000 with respect to the Plaintiff and KRW 90,000,000 from June 1, 2015.
Reasons
1. Basic facts - The Plaintiff lent KRW 230 million to D, respectively, on March 6, 2015, the Defendants drafted a letter of payment to the Plaintiff that “the Plaintiff would pay KRW 90 million up to May 30, 2015, and the remainder KRW 90 million up to June 30, 2015” (hereinafter “instant letter of payment”).
Defendant C (hereinafter “Defendant C”)’s statement of payment was written by the representative of the Defendant Company as the wife of Defendant B, and Defendant B’s statement of payment was written upon delegation by E.
E was appointed as the representative director of the Defendant Company on April 6, 2012, but retired on October 12, 2014, and F was also appointed as the representative director on March 25, 2013, but retired on October 12, 2014.
On June 9, 2015, E and F had not been appointed by the representative director in the Defendant Company before the appointment of the representative director of the Defendant Company.
E is the nominal representative director of the defendant company, and the actual representative is the defendant B.
[Basis] Facts without dispute, Gap 1, 2, Gap 3's evidence, Gap 4's evidence, Gap 4's evidence, and the purport of whole pleadings
2. Determination
A. According to the above basic facts, Defendant B is obligated to pay to the Plaintiff the amount of KRW 180,00,000 and KRW 90,000,00 among them, as to the Plaintiff’s KRW 180,000 from June 1, 2015, and as to the remainder of KRW 90,000,000 from July 1, 2015 to January 4, 2018 when the duplicate of each of the instant complaint was served on Defendant B, the amount of damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act, and the amount of damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment. 2) as seen earlier, Defendant B retired from the office of representative director on October 12, 2014.