Text
1. The Defendant: KRW 364,00,000 for the Plaintiff and KRW 4,500,000 for each month from June 23, 2016 to January 2, 2017; and
Reasons
1. Basic facts
A. In around 2012, the Plaintiff lent approximately KRW 460,000,00 to C several times.
B. On March 25, 2015, the Defendant, a company of which C is the largest shareholder, settled the unpaid principal and interest between the Plaintiff and the Plaintiff as KRW 500,000,000, and the Defendant is responsible for the unpaid principal and interest up to that point. The Defendant drafted a certificate of monetary rent of KRW 136,00,000 and KRW 364,000,000, respectively, with the following content:
(C) The settlement agreement of this case is "the settlement agreement of this case" and the money borrowed thereafter is "the first loan certificate" and "the second loan certificate" in the above order: The amount borrowed (the first loan certificate): 136,000,000 won: the date of repayment: March 22, 2015: the interest rate on the annual interest rate of December 31, 2016: 19.4% (the second loan certificate): the amount borrowed on the 22th day of each month: 364,00,000 won: the date of repayment on March 22, 2015: the date of repayment on the 364,00,000 won (the second loan certificate): the interest rate of December 31, 2016 (the date of repayment on March 22, 2015): the interest rate of December 31, 2014 (the date of repayment on the 20th day of December 4, 2015).
C. On November 13, 2015, the Defendant paid KRW 137,540,000 to the Plaintiff with the payment in accordance with the loan certificate No. 1.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, and 5, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the principal and interest of KRW 364,00,000 based on the loan certificate, and damages for delay calculated at the rate of 4,50,000 per annum per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from June 23, 2016 to January 2, 2017, the delivery date of a copy of the complaint in this case, from June 23, 2016 to January 2, 2017, which is the date of delivery of a copy of the complaint in this case.
3. Judgment on the defense
A. The defendant's assertion that the settlement agreement of this case was concluded by the defendant's representative director by abusing his/her power of representation, and the plaintiff also constitutes the plaintiff.