1. Of the judgment of the court of first instance, the part against Defendant B Co., Ltd. in excess of the amount ordering payment below.

1. Summary of the plaintiff's assertion

A. From October 26, 2009 to August 12, 2013, the Plaintiff: (a) lent KRW 968,573,267 to the Defendant Company as interest rate of 2%; and (b) paid only KRW 678,609,50; and (c) the Defendant Company is obligated to pay the Plaintiff the loan amount of KRW 289,963,767 and interest or delay damages thereon.

B. The Plaintiff filed a loan claim against Defendant C with a fixed interest rate of KRW 53,222,576 from March 24, 2008 to April 24, 2013. As such, Defendant C is obligated to pay the Plaintiff interest or delay damages on the basis of the above loan and the annual final lease date.

C. The Plaintiff’s claim for wages and retirement allowances against the Defendants was serving in the Defendant Company until August 31, 2013, and did not receive retirement allowances of KRW 23,400,000 and retirement allowances of KRW 26,109,60 for 13 months. As such, the Defendant Company is obligated to pay the Plaintiff the said unpaid wages and retirement allowances totaling KRW 49,509,600, and delay damages therefor. Since Defendant C practically abused the corporate personality of the Defendant Company that is an individual company, it is jointly and severally liable to pay the said unpaid wages and retirement allowances and delay damages to the Plaintiff.

2. Determination

A. According to the statement No. 13-2 of the evidence No. 13-2 of the judgment on the claim for loans against the defendant company, the defendant company filed a complaint against the plaintiff for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) (hereinafter "related criminal case").

Defendant C, the representative director of the Defendant Company, in the course of the investigation, lent money by requesting the Plaintiff to provide financing if the construction funds of the Defendant Company are insufficient, and later, it is difficult for the Defendant C to pay the construction expenses.

Interest was calculated and paid in two copies per month.

Money transactions between the Plaintiff and the Defendant Company are from 1998 established by the Defendant Company to the time of the Plaintiff’s retirement, and the three-year sales are eight billion won.