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1. Defendant B’s KRW 560,000,000 as well as 5% per annum from April 4, 2015 to May 29, 2015 to the Plaintiff.
Reasons
1. Determination as to the Plaintiff’s loan claim against Defendant B
A. In addition to the overall purport of the pleadings in the evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff determined on April 4, 2012 that KRW 560,000,000 to Defendant B was due and payable on April 3, 2015, and the interest accrued until the due date is due and lent (hereinafter “instant loan”).
Therefore, barring any special circumstance, Defendant B is obligated to pay to the Plaintiff KRW 560,00,00 per annum from April 4, 2015 to May 29, 2015, which is the day following the due date for repayment of the instant loan, KRW 5% per annum as stipulated by the Civil Act, from May 29, 2015, the delivery date of a copy of the instant complaint, and Article 3(1) of the Act on Special Cases Concerning Encouragement, etc. of Legal Proceedings, Article 2(2) of the Addenda of the amended Special Cases (amended by Presidential Decree No. 26553, Sept. 25, 2015), and 20% per annum as stipulated under the former Special Cases Concerning the Encouragement, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015).
B. From December 19, 2008 to December 31, 2012, Defendant B, a representative director, worked as the head of the accounting team, management support team, and the company’s general affairs, personnel affairs, computer management, accounting, and public disclosure.
Defendant B not only took charge of the management right transfer contract for the non-party company of the Plaintiff more than three times, but also took charge of personal stock transaction and remittance of children study funds.
For this contribution, the Plaintiff and Defendant B paid incentives of KRW 560,00,000 to Defendant B, and Defendant B agreed to work until the end of 2012, and accordingly, the Plaintiff transferred KRW 560,000,000 to Defendant B’s account on April 4, 2012.
B. After that, the plaintiff F, on August 12, 2013, called "the plaintiff F, by phone to the defendant B."