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1. Defendant C Co., Ltd. shall pay to the Plaintiff KRW 51,304,40 and the interest thereon from May 1, 2018 to the date of complete payment.
Reasons
1. Basic facts
A. On October 13, 2015, while working as an employee of Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) from September 4, 2015, the Plaintiff transferred KRW 30,000,000 to the account of representative director D, and on May 13, 2016, the Plaintiff transferred KRW 20,000,000 to the account that is the cause of the Defendant Co., Ltd’s accounting affairs.
B. In addition, on September 14, 2015, the Plaintiff borne KRW 7,000,000 as the guarantee deposit for sirens entered into by the Defendant Company.
C. On July 18, 2017, the Plaintiff retired from the Defendant Company. The Defendant Company transferred the remainder of KRW 5,695,600 to the Plaintiff the amount of KRW 1,128,80,000, KRW 7,000, KRW 700, KRW 75,600, KRW 100, KRW 100, and KRW 1,304,000, KRW 5,695,60, which was received after the termination of the rental contract around December 2017.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 7 (including serial number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. Upon the request of Defendant B, who is the actual representative of the Defendant Company, the Plaintiff lent KRW 50,00,000 in total for the company’s operating funds. The Defendants did not repay the above loans even after the Plaintiff retired on July 18, 2017. Although the Defendants were obligated to return KRW 7,695,600,00 in total, they remitted only KRW 5,695,600, the Defendants are jointly and severally liable to pay the Plaintiff a total of KRW 51,304,40 (the difference of the loan deposit of KRW 50,000,000) and damages for delay.
B. The Plaintiff did not lend the above KRW 50,000,000 to the Defendant Company and F, but invested in G operated by the Defendant Company and F, and thus, it cannot be claimed the return on the premise of the loan, and the Plaintiff used the rental car for his own commuting to his own workplace. As a penalty for breach of contract has occurred due to the termination of the rental contract without permission from the Defendant Company, it shall be held liable for such breach of contract.