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1. As to the Plaintiff KRW 58,210,00 and KRW 10,000 among them, the Defendant shall pay to the Plaintiff KRW 58,210,000 from March 14, 2013, KRW 17,00,000.
Reasons
1. Facts of recognition;
A. From the Plaintiff’s bank account, KRW 10 million was paid to the Defendant, KRW 17 million on March 14, 2013, KRW 17 million on July 19, 2013, KRW 4.5 million on September 18, 2013, KRW 6 million on January 23, 2014, KRW 8 million on January 24, 2014, KRW 58210,00 in total, respectively.
B. In relation to each of the aforementioned withdrawals between the Plaintiff and the Defendant, the obligee and the obligor were drafted with respect to the said withdrawals. Under each of the loan instruments, the date of withdrawal, the repayment period, August 30, 2016, and the interest rate shall be 5% per annum.
C. Meanwhile, C, the actual operation of the Plaintiff, as the Defendant’s partner, did not follow lawful procedures under the Company’s articles of incorporation from March 2, 2013 to May 4, 2015, and did not follow the Company’s business, and did not withdraw KRW 350,000,000 from the Plaintiff’s funds for the purpose of personal investment, such as lending the Company’s funds under the pretext of personal investment unrelated to the Company’s business, such as payment, withdrawal equipment, loan,
“A judgment which was convicted of criminal facts was finalized. The above criminal facts include the amount of KRW 17 million on July 19, 2013, KRW 4.5 million on September 18, 2013, KRW 6 million on January 23, 2014, KRW 8 million on January 24, 2014, KRW 12.7 million on January 30, 2014, and KRW 12.7 million on a loan to the defendant. C in the appellate trial of the above criminal case, stated that the above amount was paid as a loan to the defendant studying in Australia at the time of investigation by the police and the prosecutor, and in the above criminal trial, the loans to the defendant would be repaid immediately.
In the case of application for appointment of a representative director as the Seoul Central District Court 2017Bu3064, the decision was made on June 15, 2017 by which D was temporarily appointed as the representative director of the Plaintiff. D was registered as a temporary representative director in the Plaintiff’s corporate register on June 30, 2017.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 3 and 7, and the purport of the whole pleadings.