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1. The Defendant’s KRW 500,000,000 as well as its annual 6% from August 31, 2018 to June 19, 2019 to the Plaintiff.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company established for the purpose of management consulting business, etc. on June 17, 2015, and the Defendant is an auditor of C Co., Ltd. established for the purpose of manufacturing chemical products on September 13, 2013.
B. On April 2018, the Defendant: (a) requested the Plaintiff to participate in the capital increase with capital increase issued by D Co., Ltd.; (b) the Plaintiff leased KRW 900 million in total to the Defendant (hereinafter “instant loan”) by means of remitting the amount of KRW 300 million to D’s account; (c) April 24, 2018; and (d) April 26, 2018, respectively.
C. On April 30, 2018, the Plaintiff drafted a monetary loan agreement with the Defendant on the instant loan amounting to KRW 900 million, and agreed to pay the Plaintiff KRW 300 million out of the instant loan until May 30, 2018, and the remainder of KRW 600 million until August 30, 2018.
(Article 2. D. of the above Loan for Consumption)
On May 30, 2018, the Defendant repaid KRW 300 million among the instant loans the maturity date of which has arrived, but on August 30, 2018, paid only KRW 100 million to the remainder of the instant loans the maturity date of which has arrived.
E. Accordingly, on October 1, 2018, the Plaintiff sent to the Defendant a document evidencing that the remainder of the instant loan amounting to KRW 500 million and the delay damages therefrom should be paid. However, the Defendant did not pay the remainder to the Plaintiff up to the day.
[Ground for Recognition: Facts without a partial dispute, entry of Gap evidence 1 through 5, purport of the whole pleadings]
2. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 6% per annum under the Commercial Act from August 31, 2018, which is the day following the due date of the remaining loans of this case and KRW 500 million, to June 19, 2019, the service date of the original copy of the payment order of this case, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
3. Thus, the plaintiff's claim of this case is justified.