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1. Of the judgment of the first instance, the part against Defendant C in the judgment is modified as follows.
Defendant C is entitled to KRW 49,450,000 for the Plaintiff.
Reasons
1. Facts of recognition;
A. On November 30, 2011, the Plaintiff, who was the former representative director of the Defendant Company, transferred total of 6,645,000 won to the Defendant C’s deposit account or the F’s deposit account in the name of Defendant C or in the name of F designated by Defendant C, as shown in the separate sheet from November 30, 201 to June 8, 2012, upon receipt of a request from Defendant C to lend the deposit or operating funds of the Defendant Company.
B. On December 16, 201, the Plaintiff transferred total of KRW 35.5 million (hereinafter “instant amount”), KRW 2.5 million on December 26, 2012, KRW 12 million on February 15, 2012, KRW 200,000 on February 23, 2012, KRW 48.2 million on March 29, 2012, to a deposit account in the name of Defendant D, which was a former inside director of the Defendant company.
C. Defendant C repaid to the Plaintiff KRW 4 million on December 30, 201, KRW 10 million on July 6, 2012, KRW 17 million on August 16, 2012, and KRW 3 million on August 16, 2012.
Since Defendant C paid the remainder of KRW 17 million to Defendant C, the Plaintiff demanded that Defendant C pay interest equivalent to 2% per month. C paid to the Plaintiff KRW 34.7 million ( KRW 1.6 million each on October 5, 2012 and December 5, 2012, and KRW 1.5 million each on November 6, 2014) as interest.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 6, 7, 8, 10, Eul evidence Nos. 3 and 4, and the purport of the whole pleadings
2. According to the facts acknowledged prior to the determination as to the claim against Defendant C, the Plaintiff lent a total of KRW 6,450,000 to Defendant C from November 30, 201 to June 8, 2012, and the Defendant C entered into an agreement to pay interest of KRW 2% per month between June 8, 2012 and October 5, 2012, which is the last lending date. As such, the Defendant C deducted the Plaintiff from the rental principal of KRW 17,00,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00,00,00.