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1. The Defendant’s KRW 112,200,000 for the Plaintiff and 5% per annum from November 25, 2016 to January 26, 2018.
Reasons
1. Basic facts
A. On April 19, 2016, the Plaintiff assumed office as the representative director of a stock company C (former trade name: D; hereinafter “C”) established for the purpose of the computer software development business, etc. as the representative director of the E Co., Ltd. (hereinafter “E”) on July 5, 2016.
B. On November 4, 2016, the Defendant prepared a written confirmation (hereinafter “written confirmation of the instant facts”) stating that “the Plaintiff is the actual operating entity of the Plaintiff, as the representative of the Defendant, FF, and all obligations related to the rental car, corporate card, corporate tax (all taxes, etc. that the Plaintiff incurred during his/her term of office as the representative shall be transferred to the Defendant, the actual operating entity, and the FF Chairperson, and the said corporation shall also take over the said corporate tax by November 10, 2016,” and on the same day, “the Defendant borrowed the total amount of KRW 112,200,000 from the Plaintiff as of November 24, 2016” (hereinafter “instant cash custody certificate”).
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 7, 14, Eul evidence No. 2, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Defendant, on November 4, 2016, prepared the cash custody certificate of this case to the Plaintiff on the basis of the determination of the loan claim, as seen earlier. Therefore, the Defendant is obligated to pay the Plaintiff the loan amount of KRW 112,200,000 and the delay damages therefrom, barring any special circumstance.
B. The Plaintiff’s assertion 1 regarding C and E-related debt claims is that the Defendant sought payment of the amount equivalent to C and E’s debt payment on the ground that the Defendant had ordered the Plaintiff to prepare the instant confirmation document.
① 68,722,774 won, which was finalized in the Daegu District Court Decision 2016Da14991, the amount of money borrowed from the Suwon District Court Decision 2016Da3267.