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1. The Defendant’s KRW 1,100,000 among the Plaintiff and KRW 600,000,000 among the Plaintiff, shall be KRW 500,000 from January 21, 2013, and KRW 500,00,000.
Reasons
1. Basic facts
A. On January 21, 2013, the Plaintiff drafted a monetary loan agreement stating that “The Plaintiff, the former representative director of the Defendant (hereinafter “the Deceased”) and “the Plaintiff, on January 21, 2013, specified KRW 1.1 billion to the Defendant on February 21, 2013, and February 21, 2013, with interest rate of KRW 2.5%, and the Defendant shall provide the Plaintiff with the above loan security at KRW 2 million common shares of Teates Co., Ltd. (hereinafter “the instant loan agreement”).
B. On January 21, 2013, the Plaintiff transferred KRW 600 million from the foreign exchange bank account (D; hereinafter “foreign bank account under the Plaintiff’s name”) to the Defendant’s Japanese bank account (E). On January 23, 2013, the Plaintiff transferred KRW 500 million from the Defendant’s national bank account under the Plaintiff’s name (F; hereinafter “the Plaintiff’s national bank account”) to the Defendant’s national bank account (G).
C. Meanwhile, the Deceased died on June 4, 2013.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 1 to 4, Eul evidence 25, the purport of the whole pleadings
2. The assertion and judgment
A. The Plaintiff prepared the loan agreement of this case to the effect that “the Plaintiff lends KRW 1.1 billion to the Defendant” between the deceased who was the Defendant’s representative director, and that “the Plaintiff was transferred from the foreign exchange bank account in the name of the Plaintiff to the Defendant’s account on January 21, 2013, and from January 23, 2013, the fact that KRW 1.1 billion was transferred from the national bank account in the name of the Plaintiff to the Defendant’s account is reasonable to deem that the Plaintiff lent KRW 1.1 billion to the Defendant. Thus, barring any special circumstance, the Defendant is obligated to pay the Plaintiff the above loan of KRW 1.1 billion and interest or delay damages.
B. Defendant’s assertion 1A) The Defendant did not borrow KRW 1.1 billion from the Plaintiff’s account, and the KRW 1.1 billion transferred from the Plaintiff’s account to the Defendant’s account was the money owned by the Deceased as follows.