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1. Defendant B’s ratio of KRW 100,000,000 to the Plaintiff and 1.5% per month from February 13, 2015 to the date of full payment.
Reasons
1. Basic facts
A. Defendant C is a corporation established on August 22, 2007 for the purpose of Internet shopping mall business, etc., and Defendant C served as a representative director or only in-house director since the establishment of Defendant C Co., Ltd., but resigned from the office of representative director and in-house director on November 23, 2015.
B. On May 13, 2014, the Plaintiff transferred 200 million won to the new bank account (Account Number: D) of Defendant B.
C. On May 13, 2014, Defendant B remitted KRW 75 million among the above 200 million remitted from the Plaintiff to the account of Defendant C, and remitted KRW 42 million to the account of Defendant B’s Han Bank (Account Number: E). Of the above 42 million amount, Defendant B remitted KRW 35 million to the account of Defendant C.
From June 13, 2014 to December 12, 2014, Defendant B remitted total of KRW 21 million to the Plaintiff via a total of seven occasions. Defendant C wired KRW 3 million to the Plaintiff on January 15, 2015.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5, 12, the purport of the whole pleadings
2. The Plaintiff’s claim against Defendant B asserted that on May 13, 2014, the Plaintiff loaned 200 million won to Defendant B by setting the interest rate of 1.5% per month (preliminaryly claiming unjust enrichment) and sought payment of the above loans and damages for delay thereof against Defendant B, while Defendant C corporation also claimed that the Plaintiff did not have a claim against the Defendant B, since it invested in the Plaintiff.
The facts that the Plaintiff remitted 200 million won to Defendant B on May 13, 2014 are as seen earlier, and the following circumstances acknowledged by comprehensively considering the overall purport of the pleadings, namely, ① Defendant B remitted 3 million won to the Plaintiff during the period from June 2014 to December 15, 2014, and on January 15, 2015, Defendant B served as the representative director.