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The defendant shall pay 54,942,180 won to the plaintiff and 12% per annum from July 24, 2019 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On March 6, 2019, the Plaintiff filed an application with C (hereinafter “Nonindicted Company”) for a payment order of goods with the Busan District Court Branch Branch Decision 2019 tea1452, and on March 6, 2019, the said court rendered a payment order (hereinafter “instant payment order”) stating that “The Nonparty Company shall pay to the Plaintiff KRW 8 billion and its delay damages calculated at the rate of 15% per annum from the day after the original copy of the payment order was served to the day of full payment.” The said payment order was finalized on March 23, 2019.
On December 22, 2016, 10,000,000, 210,000 on December 21, 2017, 201, 5,000,00 on October 10, 10,00,000 on May 10, 2017, 200, 5,000, 000 on May 06, 206, 2005 on July 1, 2007, 200, 1,000,000 on June 23, 208, 200,00,007; 1,00,000,007; 10,000,00,000, 30,000, 3,008, 308, 309, 2008;
B. Meanwhile, the non-party company lent a total of KRW 79,00,000 to the defendant, who was in office as an internal director, as indicated below, and received reimbursement of KRW 24,057,820 from the defendant.
Accordingly, as of March 19, 2018, the balance of loans to the Defendant of the non-party company remains 54,942,180 won (=79,00,000 - 24,057,820 won).
C. On April 12, 2019, the Plaintiff entered the claim amount as KRW 200 million (referring to the principal under the instant payment order and the partial payment of damages for delay from March 9, 2019 to April 10, 2019) with the executive title of the instant payment order, and received the attachment and collection order (hereinafter “the instant collection order”) with respect to the instant loan claims held by the non-party Company against the Defendant as Incheon District Court Branch Branch 2019TT 101609. The instant collection order was served on the Defendant on April 17, 2019.
[Ground of recognition] without any dispute, Gap's evidence 1 through 6, Gap's evidence 9-1 through 14, and the result of this court's financial transaction information reply to the IBK Bank, as a whole, and all pleadings.