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1. Defendant D Co., Ltd. against Plaintiff A, KRW 136,651,108, and KRW 91,100,738, respectively, and each of the said money.
Reasons
1. Basic facts
A. From February 2, 2015 to January 12, 2017, F served as the representative of Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”), and Defendant E is currently the representative of Defendant Co., Ltd.
B. The F died on August 21, 2017 (hereinafter “the deceased”); the Plaintiff’s spouse, as the deceased’s spouse, succeeded to 3/7 shares of the deceased’s property; and the Plaintiff B and C, as the deceased’s child, inherited 2/7 shares of the deceased’s property.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. The parties' assertion
A. Plaintiffs 1) As to the Defendant Company, the Deceased, while working as the representative of the Defendant Company, lent the above amount to the Defendant Company by depositing a sum of KRW 635,00,000 from April 5, 2016 to January 13, 2017 in the form of a provisional deposit. From June 30, 2016 to January 25, 2017, the Defendant Company repaid the Deceased KRW 303,647,414 out of the above loans (i.e., KRW 331,35,352,586 (i.e., KRW 635,00,00 - KRW 3030,647,414) to the Deceased, and thus, the Defendant Company is obligated to pay the Plaintiff, the heir of the Deceased, KRW 142,251,31,325,325,386 x 375,414).
(2) The Deceased loaned KRW 260,000,000 to Defendant E in total from April 14, 2016 to June 17, 2016, and Defendant E repaid only KRW 60,00,000 out of the above loans on February 21, 2017.
Accordingly, Defendant E is obligated to pay the Plaintiff the remainder of the loan amounting to KRW 200,00,000 (=260,000,000 - KRW 60,000,000). As such, Defendant E is obligated to pay the Plaintiff, the inheritor of the Deceased KRW 85,714,285 (=20,000,000 x 3/7 equity x 3/7 equity), Plaintiff B and C respectively (=200,000,000 x 2/7 equity) and damages for delay on the said money.
B. The amount of money deposited by the Defendant Company 1 to the Defendant Company was the representative at the time.