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1. The Defendant shall pay to the Plaintiff KRW 58,60,000 and the interest rate of KRW 20% per annum from October 9, 2014 to the day of complete payment.
Reasons
1. Determination on the cause of the claim
A. In full view of Gap evidence No. 1-1 to Gap evidence No. 4, Gap evidence No. 6, and the purport of the whole argument in witness D’s testimony, the plaintiff is an advertising agent, and the defendant is a company operating an Internet shopping mall of women’s brand of "E", and the plaintiff was requested from the defendant to run the Internet distribution advertisement of the Internet site of "E" by requesting the defendant to run the Internet distribution advertisement of the Internet site of "E", and the advertisement was conducted again by requesting the defendant to the company and the investment marketing, which is the official agent of the NAE advertising, and the advertising price is 28,60,000 won (including value-added tax). However, when the defendant was unable to pay the above advertising price to the plaintiff, it is acknowledged that the defendant paid the above advertising price to the company and the investment marketing on September 27, 2012 at the defendant’s request.
According to the above facts, the defendant is obligated to pay to the plaintiff the above advertising fees of 28,600,000 won and damages for delay.
B. The Plaintiff asserted that the Plaintiff lent KRW 30,000,000 to the Defendant on September 28, 2012, and sought payment. The Defendant asserted that the said money was leased to the deceased F individual who was the representative director of the Defendant, and thus, the Plaintiff cannot comply with the Plaintiff’s request.
In full view of the statements in Gap evidence Nos. 5 through 8, and the purport of the whole pleadings in witness D’s testimony, the actual operator of the defendant was the deceased F’s husband, the plaintiff’s advertising agency business, and maintained a close relationship with G. On September 2012, when he received a loan from the bank after obtaining a guarantee from the Korea Technology Credit Guarantee Fund loan staff member introduced by G around September 2012, 30,000 out of the above loans at the request of G, under the pretext of a loan of KRW 30,00,000 out of the above loans.