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1. Defendant D Co., Ltd.:
A. As to Plaintiff A’s KRW 74,519,90 and KRW 8,603,100 among them, from December 16, 2011;
Reasons
1. On November 19, 1999, Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”) established for the purpose of drug wholesale business, such as whites, in the name of Nonparty F Co., Ltd. under Nonparty E, and Defendant C is the representative director of the Defendant Co., Ltd.
2. Determination as to the Plaintiffs’ respective claims for return of loans to Defendant C
A. On May 29, 2012, Plaintiff A transferred KRW 125 million to Defendant C’s account via the bank account in the name of Nonparty I on December 28, 2012, and KRW 50 million on December 28, 2012, to Defendant C’s National Bank account (Account Number H). Plaintiff B transferred KRW 250 million in total to Defendant C’s account. (2) On May 16, 2012, Plaintiff B transferred KRW 60 million to Plaintiff C’s account in the name of Nonparty I on November 14, 2012 through the bank account in the name of Nonparty I in the name of Nonparty C, and the bank account in the name of Defendant C in the name of Defendant C (H).
In addition, on January 28, 2014, Plaintiff B remitted KRW 30 million to the deposit account in the name of the Defendant Company.
[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 4, 12 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
B. 1) The plaintiffs' assertion 1) The transfer of the funds to the defendant C or the defendant company's account as above by the request of the defendant C to the defendant C without the agreement on due date for payment of the business funds of the defendant company. Thus, the defendant C is obligated to pay the above funds and damages for delay to the plaintiffs. 2) Since the funds transferred by the plaintiffs by the defendant C as above are funds transferred by the defendant C to the defendant company's investors and its partners in the short-term loans of the defendant company, the defendant C, not the defendant company, is not obligated to return them as loans
C. The Plaintiffs’ judgment is as above to the account in the name of Defendant C or Defendant Company.