beta
Text
1. The Defendant’s KRW 38,150,000 and the Plaintiff’s annual rate of KRW 5% from October 18, 2019 to November 6, 2019, respectively.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff loaned KRW 39,450,000 to the Defendant over 14 times from April 20, 2018 to October 19, 2018 (hereinafter “instant loan”).
1) On April 20, 2018, KRW 700,000, KRW 300 on May 24, 2018, KRW 30,000 on June 21, 2018, KRW 450,00 on July 8, 2018; KRW 50,000 on KRW 60,00 on August 30, 2018; KRW 0.00 on August 3, 2018; KRW 0.00 on August 3, 200, KRW 00 on KRW 7,00 on August 30, 200, KRW 00 on KRW 1,50 on August 30, 201, KRW 8,00 on KRW 1,00 on September 1, 200, KRW 8,000 on KRW 1,50 on September 10, 2018; and
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11, purport of the whole pleadings
B. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff interest or delay damages calculated at 38,150,000 won (=39,450,000 won - 1,300,000 won) and at the rate of 5% per annum prescribed by the Civil Act from October 18, 2019 to November 6, 2019, the delivery date of a copy of the complaint of this case, and at the rate of 12% per annum from the next day to the day of full payment.
2. The defendant's assertion that the plaintiff and the defendant made an agreement while establishing the company, and pursuant to Article 5 of the agreement, the plaintiff and the defendant asserted that the amount that the plaintiff and the defendant provided to the other party are jointly and severally liable with the company until the business is converted into profits beyond the quarterly point of profit and loss. Since the plaintiff and the defendant agreed to receive the benefits from the company when the board of directors makes a decision to pay the benefits at the time of the occurrence of daily operating profit, the plaintiff and the defendant agreed to pay the benefits at the meeting of the board of directors.
In addition, even if the defendant recognizes the plaintiff's assertion, the plaintiff should share it.