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1. The Defendant’s KRW 200,000,000 as well as the Plaintiff’s annual rate of 6% from November 25, 2016 to September 13, 2017, and the following.
Reasons
1. Basic facts
A. The Plaintiff, while holding office as the representative director of the Defendant, was retired on January 10, 2016, and the Defendant is a company with the purpose of Hague and PEM production.
B. On November 17, 2014, KRW 50,00,000 on the Defendant Bank Account, KRW 50,000 on December 15, 2014, KRW 10,000 on December 15, 2014, KRW 40,000 on February 22, 2015, KRW 40,000 on February 2, 2015, KRW 20,000 on March 2, 2015, KRW 10,000 on April 15, 2015, and KRW 20,000 on April 30, 2015, KRW 20,000 on June 10, 2000, KRW 2000 on June 10, 2000 on June 20, 2000.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The plaintiff's assertion holds office as the representative director of the defendant and lends a total of KRW 210,000,000 to the defendant as operating capital. Thus, the defendant is obligated to pay the above loan and delay damages to the plaintiff.
3. Determination
A. The purport of the Plaintiff’s obligation to return KRW 210,00,000 in total to the Defendant account is as seen earlier. In full view of the respective entries in the evidence Nos. 2 and 3 and No. 1 and the purport of the entire pleadings in the evidence No. 2 and No. 1, it is recognized that the Plaintiff’s transfer of funds to the Defendant account on Nov. 17, 2014 and December 15, 2014, on the date the Plaintiff transferred the funds to the Defendant, entered the date and amount that the Plaintiff remitted to the Defendant account ledger of the provisional deposit account in 2015, and the details that the Plaintiff remitted to the Plaintiff in 2014 are written in the aggregate of KRW 100,000,000 on Jan. 31, 2015, it is consistent with the date and amount of the transfer of funds by the president of the provisional deposit account and the Plaintiff’s assertion.
According to the above facts of recognition, if the Defendant lacks operating funds, the Plaintiff appears to have remitted the money to the Plaintiff, and the provisional receipts refer to the account items used to temporarily handle the cash revenue in the event that the account items or amount is not completely confirmed because the transaction contents are unclear or the transaction is not completely concluded. However, the company’s manager is not obliged to take account of the company’s financial situation.