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1. The case of loans extended by the Defendant-Counterclaim Plaintiff (Counterclaim Defendant) to the Seoul Western District Court No. 2018Hu8223.
Reasons
1. Basic facts
A. On October 19, 2018, Nonparty C (hereinafter “Nonindicted Company”) agreed to borrow KRW 120,000,000 from the Defendant at an annual interest rate of 4.6% (4.6%) and agreed to use the said money only for construction cost related to the business of the Nonparty Company. However, when using the loan for any purpose other than the above purpose of use, the benefit of time shall be lost and the full amount of the loan shall be repaid within three days from the time the Defendant requested the repayment.
(hereinafter referred to as “instant monetary loan agreement”). B.
Article 2(3) of the monetary loan agreement of this case provides that “If a company is unable to repay, the representative director shall agree to jointly and severally repay.” The Plaintiff, as the representative director of the non-party company, affixed his/her seal impression on the contract of the monetary loan of this case, and the Plaintiff did not separately affix his/her name and seal to the non-party company.
C. According to the instant monetary loan agreement, the Defendant paid a total of KRW 120,000,000 to the non-party company from October 19, 2018 to November 9, 2018.
The defendant asserted that "the non-party company used the above funds for purposes other than those stipulated in the monetary loan agreement of this case, and certain funds were confirmed to have been used at will by the plaintiff, and that the defendant notified the non-party company of the repayment of the total amount of the loans to the non-party company until December 9, 2018." In addition, the plaintiff filed an application for the payment order against the non-party company and the plaintiff jointly and severally with the Seoul Western District Court 200 million won and the interest or delay damages claim against the non-party company and the plaintiff, and the above court issued the payment order of January 23, 2019, and the above payment order (hereinafter "the above payment order of this case") became final and conclusive around that time.
[Ground of recognition] Gap evidence 1 to 3 (including paper numbers) respectively.