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1. The defendant shall pay 50,000,000 won to the plaintiff and 12% per annum from March 13, 2020 to the day of full payment.
Reasons
1.The following facts of recognition do not conflict between the Parties:
The plaintiff is a company established for the purpose of manufacturing and selling pharmaceutical machinery and medical appliances, bio-industry-related machinery and appliances, and the defendant is a person who served as the plaintiff's representative director from April 19, 200 to April 19, 200 established by the plaintiff, and again from March 29, 2006 to November 1, 2016, and thereafter is a person who continues to serve as the plaintiff's internal director.
(2) The Plaintiff: (1) 20,00,000 won on November 22, 2016; (2) 100,000,000 won on January 2, 2017; (3) 50,000,000 won on January 6, 2017; and (4) 50,000,000 won on January 12, 2017; and (5) 0,000,000 won on January 16, 2017; and (6) 0,00,000,000 won on 16, 280,000,000 won on 6, 20,000,000 won on 6, 20,000,000,000 won on 7, 200,000 won on 20,000 won on 7, 2017
C. Since then, the Defendant repaid the loan amount of KRW 103,018,776 as part of the loan principal as of November 22, 2016, and the said balance became KRW 96,981,224.
With respect to each loan that the Plaintiff paid to the Defendant under the pretext of provisional payment, the amount of interest recognized under the tax law (interest rate 2.28966%) has arisen from January 24, 2018 to February 29, 2020, and KRW 130,851,838 has been counted as an attempted income in the Plaintiff’s account.
2. According to the facts of determination as above, the Defendant: (a) out of the interest amount of KRW 2,081,83,062 [the interest amount of KRW 103,054,00,00 of the leased principal - the amount of KRW 103,018,776 repaid to the Plaintiff - Interest of KRW 130,851,838; (b) the interest amount of KRW 96,981,224 of the loan amount of November 22, 2016; (c) KRW 100,00,000; and (d) KRW 50,00,000,000 of the loan amount of KRW 130,851,838 of the loan amount of KRW 130,838 of the loan amount of KRW 130,838 of the loan amount of KRW 10,00,000; and (d) the loan amount of KRW 50,010,50,201,207.