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1. Defendant B shall pay 181,507,800 won to the Plaintiff and 25% per annum from March 16, 2016 to the date of full payment.
Reasons
1. From September 16, 2015 to October 22, 2015, the Plaintiff leased KRW 220 million to Defendant B (hereinafter “instant money”). Defendant B, on February 20, 2016, agreed to pay the said money to the Plaintiff up to March 15, 2016, in addition to the damages for delay calculated at the rate of 25% per annum if delay is delayed. Of them, the fact that the remaining principal is 181,507,800 does not conflict between the parties.
Therefore, Defendant B is obligated to pay to the Plaintiff the above KRW 181,507,80 as well as damages for delay calculated by the rate of 25% per annum from March 16, 2016 to the date of full payment, which is the day following the due date.
2. The Plaintiff filed a claim against Defendant C, as the representative director of Defendant C Co., Ltd. (hereinafter “D”), operated the above company together with Defendant B, who is his father. The Plaintiff borrowed the instant money jointly with Defendant B to raise the operating fund, and accordingly, most of the said money deposited by the Plaintiff into Defendant C’s account was used as the operating fund. Accordingly, Defendant C and the Plaintiff should jointly pay the loan as indicated in the above paragraph 1.
However, there is no dispute between the parties that the Plaintiff deposited the instant money into the account under the name of Defendant C. However, it is insufficient to recognize the fact that Defendant C borrowed the instant money jointly with Defendant C to raise the operating funds of the said company as the representative director of Defendant C, and there is no other evidence to acknowledge it otherwise.
(O) According to the statement in Gap evidence No. 4, the defendant C knows the fact that it was registered as the joint representative director and internal director of D on March 2, 2016. The plaintiff's assertion in this part is without merit.
3. The plaintiff's claim against the defendant B is justified, and the claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.