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1. As to KRW 460,684,247 and KRW 300,00,00 among the Plaintiff, the Defendant shall annually pay to the Plaintiff KRW 460,684,247 from May 1, 2018 to May 14, 2019.
Reasons
1. On December 15, 2011, the Defendant prepared a loan certificate with the following content (hereinafter “instant loan certificate”) and delivered it to the Plaintiff.
The loan certificate
1. Principal: three hundred million won (Won 300,000,000);
2. Date of repayment: December 30, 2012;
3. The Plaintiff leased the above amount to the Defendant, and the Defendant borrowed on December 15, 201.
4.The interest of KRW 1.5 million per month shall be paid to the creditor, and when the principal has been delayed, the interest shall be paid at an additional rate of 1% per month.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Purport of the parties’ assertion;
A. The Defendant requested the Plaintiff to borrow funds, and the Defendant prepared the instant loan certificate only for the principal amount of KRW 300 million which the Defendant could not avoid liability, and the Defendant is obligated to pay the Plaintiff the principal amount of KRW 31875 million up to December 30, 2018 and delay damages for the principal amount of KRW 300 million up to December 30, 2018.
B. Defendant 1) The Defendant worked as executive officers and employees for a considerable period in C, D, and E, which the Plaintiff actually operated, and the Plaintiff lent KRW 180 million to F, and KRW 20 million to G, and the Defendant, even though only KRW 100 million was lent to the Defendant in 2007, the Plaintiff prepared the Plaintiff’s certificate of borrowing related to joint and several obligations, and the Plaintiff did not reach the Plaintiff’s strong pressure. 2) around April 2018, F repaid the Plaintiff KRW 50 million to the Plaintiff.
Of approximately five years of service in Co., Ltd. and Co., Ltd. D, the Plaintiff was paid KRW 64.8 million for 15 months from January 2009 to March 2010 (=4.320,000 x 1.5 months), and the Plaintiff was not paid KRW 21.6 million in total for five years of retirement (=4320,000 x 5 years).
In addition, around December 1, 2011, among C’s shares 12,000 shares of Co., Ltd. and D’s shares 12,000 shares of Co., Ltd. owned by the Defendant, the Plaintiff transferred KRW 80,000 shares of Co., Ltd. to KRW 40 million in transfer value, but the said money was paid.