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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 330,355,00 and the interest rate thereon from December 17, 2017 to the day of full payment.
Reasons
1. Basic facts
A. From November 4, 2014 to August 25, 2015, the Plaintiff remitted total of KRW 398,355,000 to the account under the name of Defendant B Co., Ltd. (hereinafter “B”).
On November 4, 2014, Defendant B’s bank (D) 78,000,000 on December 3, 2014, 2014; 87,465,000 National Bank (D) 5,000 on January 18, 2015; 5,000 National Bank (E) 5,00 on January 21, 2015; 20,000 on February 23, 20, 200 on May 113, 2015; 5,000 on May 115, 2015; 7, 17, 196,00 No. 1000 (F) on June 16, 17, 2015; 7,008, 308, 2005;
B. On January 21, 2015, the Plaintiff indicated as the obligee and Defendant B as the obligor (hereinafter “instant performance note”), the letter of performance of the obligation on January 21, 2015 (hereinafter “instant performance note”), stating that “(i) installment payments of KRW 80,000,000 from the Nong Capital on December 3, 2014; (ii) installment payments of KRW 16,000,000 from the Korean Capital on December 23, 2014; and (iii) installment payments of KRW 90,000,000 from the Hyundai Capital on January 21, 2015; and (iv) installment payments of KRW 16,00,000 from the representative director on February 17, 2015; and (iv) installment payments of KRW 16,00,000 to the Plaintiff’s creditor; and (iii) the lower part of the creditor’s “B” can be written at each bottom.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. Comprehensively taking account of the evidence and the purport of the entire pleadings as to the claim against Defendant B, the Plaintiff loaned KRW 398,560,000 to Defendant B. Since the Plaintiff was a person who received KRW 68,00,000 out of the above loan from February 2, 2016 and deducted it from the principal. As such, Defendant B deducted the Plaintiff from the principal, the remainder of the amount calculated by deducting the above KRW 68,00,000 from the above KRW 398,560,000 from the above KRW 398,560,00,000, as claimed by the Plaintiff, within the scope of the remaining amount, as claimed by the Plaintiff, 330,35,000 as well as the remaining amount after the delivery of the duplicate of the complaint to the above Defendant.