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1. Defendant B’s KRW 40,257,054 for the Plaintiff and KRW 5% per annum from March 21, 2014 to May 8, 2015.
Reasons
1. Basic facts
A. The Plaintiff is an employee of the Defendant Company from February 2, 200 to December 2012 and the Defendant B is an internal director of the Defendant Company.
B. The Plaintiff has lent money to the Defendants since 2002.
C. On April 16, 2004, the Plaintiff entered into a lease agreement with the Defendant Company 1010,000,000,000,000 won for the D building B, Sung-gu, Sung-gu, Sung-si (hereinafter “instant building”) and continued to renew the lease agreement. As the Defendant Company sold the instant building on September 25, 2010, the lease of the instant building was terminated.
On September 28, 2010, the Defendant Company entered into a lease agreement that leases the deposit amount of KRW 102,000,000 with respect to the F building No. 21st floor 21, 2105 on the condition that the Plaintiff actually resided in the above building, and the Plaintiff and the Defendant Company entered into the same lease agreement between the Plaintiff and the Defendant Company with respect to the lessor at KRW 102,00,000.
On September 26, 2012, after the term of lease expires, Defendant Company paid KRW 102,00,000 to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 8, 9, 10, Eul evidence No. 1 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. The gist of the Plaintiff’s assertion is that the Plaintiff lent a total of KRW 161,869,054 to the Defendant B. Since the Plaintiff paid KRW 121,497,000, Defendant B should pay the remainder of the loan to the Plaintiff and delay damages therefrom.
The Plaintiff lent a total of KRW 490,100,253 to the Defendant Company, and paid KRW 450,405,300. Thus, the Defendant Company is obligated to pay the Plaintiff the remainder of the loan and the delay damages.
B. Summary of the Defendants’ assertion, the financial transaction relationship between the Plaintiff and the Defendants is against the Plaintiff.