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1. Defendant B Co., Ltd. shall pay to the Plaintiff KRW 20,000,000 as well as its annual interest from October 13, 2017 to December 1, 2017.
Reasons
1. Basic facts
A. Defendant B Co., Ltd (hereinafter “Defendant Company”) is a corporation established on April 27, 2016 in Daegu-gu, Daegu-gu, for the purpose of engaging in manufacturing business, automobile maintenance business, automobile inspection business, etc. The Plaintiff was the only internal director of the Defendant Company from April 27, 2016 to July 13, 2016, and the Defendant C was the representative director of Dong-gu E-gu, Daegu-gu, who was the promoters of Defendant Company as the auditor of the Defendant Company on July 13, 2016.
B. On July 1, 2016, the Plaintiff transferred KRW 20 million to the Defendant Company’s account.
C. Article 36(1) of the Articles of incorporation of the Defendant Company provides that “The remuneration of an officer shall be determined by a resolution of the general meeting of shareholders: Provided, That in the event of an officer concurrently performing the duties of an employee, remuneration of an employee shall be equivalent to that of another employee.”
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2-1, Gap evidence 4 and 11, the purport of the whole pleadings
2. Determination
A. 1) The Defendant Company received KRW 20 million from the Plaintiff on July 1, 2016, and there is no dispute between the parties that it is obligated to return the said money. As such, the Defendant Company is obligated to pay the Plaintiff KRW 20 million and damages for delay. 2) If Defendant C, the actual representative of the Defendant Company, lends the amount of KRW 20 million to the Plaintiff, the Plaintiff is obliged to pay the Plaintiff the amount of KRW 20 million and the amount of damages for delay for the repair and alteration of the Defendant Company’s building. As such, Defendant C is jointly and severally liable with the Defendant Company to pay the said loan.
However, the evidence submitted by the plaintiff or witness G alone is insufficient to recognize that Defendant C has agreed to pay the above money to the actual borrower or the individual, and there is no other evidence to acknowledge it, the above assertion is not acceptable.
(b)request the payment of benefits;