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1. The Defendant’s KRW 290,000,000 as well as the Plaintiff’s annual rate from August 1, 2009 to January 27, 2016.
Reasons
1. Comprehensively taking into account the purport of Gap evidence No. 1 as to the cause of the claim, the plaintiff and the defendant agreed to pay the defendant's obligation to the plaintiff as of January 21, 2009 as of January 21, 2009, KRW 590 million, and the defendant divided it to the plaintiff on January 21, 2009, KRW 150,000,000,000 as of February 16, 2009, and KRW 29,000,000,000 as of July 31, 2009, respectively, and it is recognized that the defendant agreed to pay to the plaintiff as of January 21, 2009 and February 16, 2009.
According to the above facts, the defendant is obligated to pay to the plaintiff 290 million won (=590 million won - 300 million won) and to pay damages for delay calculated at each rate of 5% per annum under the Civil Act from August 1, 2009 to January 27, 2016, which is the service date of the original copy of the payment order of this case, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
2. Judgment on the defendant's assertion
A. The Defendant’s assertion that the Plaintiff invested the amount of KRW 500 million in C, which the Defendant was in charge of the representative director, and was appointed as the auditor.
The defendant was appointed as the representative director of D Co., Ltd. on January 2008.
The plaintiff, around June 2008, found the defendant as the share price of D Co., Ltd. falls and there was a dispute over management.
At that time, the plaintiff, who was asked by the defendant to ask the plaintiff for the remaining investment amount of KRW 50 million, was 50 million, but there was no difference between the defendant and the defendant.
Accordingly, the defendant decided that he will be responsible to the plaintiff, and paid 36 million won to the plaintiff around July 2008.
In addition, in 2009, the Plaintiff received KRW 300 million from the first police officer D Co., Ltd.
Therefore, there is no money that the defendant would pay to the plaintiff.
B. The Plaintiff and the Defendant’s argument.