beta
Text
1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 100,000,000 and the interest rate thereon from December 22, 2017 to the date of full payment.
Reasons
1. Basic facts
A. On November 2, 2016, the Plaintiff prepared a monetary loan agreement with Defendant B (hereinafter “Defendant B”) stating that KRW 200,000,000 shall be lent the said money to Defendant B at the rate of 2.5% per month, and deposited the said money into the account of E in which Defendant B’s representative director was registered.
B. On December 5, 2016, the Plaintiff received KRW 5,000,000 from Defendant B, KRW 5,000,000 from Defendant D on January 4, 2017, and KRW 2,50,000 from Defendant C on February 9, 2017, respectively.
In addition, the Plaintiff received KRW 100 million from Defendant B around January 2017.
C. From September 18, 2015 to July 27, 2015, Defendant D was registered as the internal director of Defendant B, and from July 27, 2017, as the liquidator of the said company. Defendant C was the spouse of Defendant D and was working for the said company with the name of the representative director of the said company.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 12, and 13, the purport of the whole pleadings
2. Judgment on deemed confession as to Defendant B’s claim (Article 208(3)2 of the Civil Procedure Act)
3. Claim against Defendant C and D
A. Defendant C and D’s summary of the Plaintiff’s assertion obtained 100 million won by borrowing KRW 200 million from the Plaintiff in the name of Defendant B without the Plaintiff’s ability or intent to repay while working in Defendant B. As such, Defendant C and D are liable to compensate the Plaintiff for damages equivalent to KRW 100 million.
B. According to the facts as seen earlier and the evidence Nos. 7 and 8, it is recognized that Defendant C and D deposited money as interest to the Plaintiff, and that Defendant C and D attempted to provide KRW 100,000,000 of the CBE shares to the Plaintiff in the form of security.
However, such circumstance alone is insufficient to recognize that the above Defendants acquired money in the form of loan by deceiving the Plaintiff.
In other words, the above circumstances have leased KRW 200 million to Defendant B.