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1. The Defendant: (a) KRW 213,801,010 for the Plaintiff and KRW 6% per annum from May 9, 2014 to February 25, 2015.
Reasons
1. Facts of recognition;
A. On November 15, 2013, the Defendant borrowed KRW 1,700,000 from one Capital Co., Ltd. (hereinafter “I Capital”) at 8% per annum on interest and at 25% per annum on interest, and A Co., Ltd. (hereinafter “A”) entered into a contract for collateral guarantee (hereinafter “instant contract”) with respect to one Capital and the Defendant’s loan obligation at KRW 2,210,00,000 on the same day.
B. From November 19, 2013 to May 9, 2014, A made a substitute payment of KRW 213,801,010 (= Principal KRW 155,66,665,65 KRW 58,134,345) to one Capital, in accordance with the instant contract for collateral guarantee.
C. On July 3, 2014, A was decided to commence rehabilitation procedures by the Seoul Central District Court (2014 Gohap108), and the Plaintiff was appointed as a manager of A on July 24, 2014 by the said court’s decision of appointment.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 213,801,010 for indemnity and the damages for delay calculated by the rate of 6% per annum prescribed by the Commercial Act from May 9, 2014 to February 25, 2015, which is the delivery date of a copy of the complaint in this case, and 20% per annum from the next day to the day of full payment.
B. As to this, the Defendant asserts that “A has not requested the conclusion of the instant collateral guarantee contract or the performance of the guaranteed obligation. D, as the father, was the representative director of A and the Defendant’s representative member, was practically controlled by two companies through E, the Defendant’s representative member, and embezzled KRW 1,700,000 from one Capital under A’s collateral guarantee and then made a substitute payment to A.”
According to the statements in the evidence Nos. 3 and 4 (including paper numbers), one Capital deposited KRW 1,695,205,780 to the defendant on November 15, 2013, and 1,693,705.