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1. Defendant B Co., Ltd.: 40,000,000 won and 5% per annum from July 4, 2016 to July 14, 2016 to the Plaintiff.
Reasons
1. Determination as to the claim against Defendant B Co., Ltd. (hereinafter “Defendant Company”).
A. There is no dispute between the parties to the determination as to the cause of the claim, or comprehensively taking account of the overall purport of the pleadings in each statement in subparagraph 1 through 3, the Plaintiff is obligated to lend KRW 163,191,950 in total to the Defendant Company several times between August 25, 2014 and September 4, 2015, and to repay KRW 123,191,950 in total several times between September 4, 2014 and November 5, 2015. Under the foregoing facts, the Defendant Company is obligated to pay the Plaintiff the remaining loans KRW 40,000,000 (163,191,950 - 123,191,950 - 123,950) and the annual interest rate of delay damages calculated from September 16, 2016 to November 15, 2016 as the Plaintiff seeks.
B. As to the assertion of the Defendant Company, the Defendant: (a) around March 7, 2016, at the time of the Plaintiff’s establishment of a corporation which is an organization established by the State; and (b) around March 7, 2016, the Plaintiff
A) Since the Defendant Company committed a theft of the inventory goods worth KRW 70 million, which were stored in the Defendant Company’s factory without permission, the Defendant Company has a claim for damages equivalent to the same amount against the Plaintiff. Since the Plaintiff, the representative director of the Defendant Company, indirectly, through the Nonparty Company, was in breach of trust by indirectly allowing the Defendant Company to deal with the goods through the Nonparty Company, using the fact that the Defendant Company, the representative director of the Defendant Company, was not well aware of the technical issues, commodity unit price, and customer, thereby causing damage to the Defendant Company, the Defendant Company has a claim for damages from the Plaintiff. The amount of the Defendant Company has a claim for damages against the Plaintiff. The Defendant Company was contracted by the Nonparty Company on September 17, 2015 for the installation of the mechanical parking system in the Daegu-gu E-type
with respect to paragraph (1).