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1. The Plaintiff:
A. Defendant C Co., Ltd.: (a) KRW 500,000,000 and its therefrom from February 15, 201 to February 15, 2012.
Reasons
1. Facts of recognition;
A. The Plaintiff is a custodian of A (former trade name: E Co., Ltd.; hereinafter “A”) that has commenced rehabilitation procedures.
B. On February 15, 2011, A loaned KRW 500 million to Defendant C Co., Ltd. (hereinafter “C”) at the rate of 8.5% per annum, overdue interest rate of 18% per annum, and due date of repayment of February 15, 2012.
C. On April 18, 2011, A loaned KRW 300 million to Defendant D Co., Ltd. (hereinafter “D”) at the rate of 8.5% per annum, overdue interest rate of 18%, and due date of repayment of April 18, 2012.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 5 (including branch numbers, hereinafter the same shall apply) and the purport of whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s primary assertion is that the Plaintiff lent KRW 50 million to Defendant C on February 15, 201, and KRW 300 million to Defendant D on April 18, 201, respectively, and the Defendants are obligated to pay the said loan to the Plaintiff.
Preliminaryly, even though the Plaintiff did not lend KRW 50 million to Defendant C, and KRW 300 million to Defendant D, F, a representative director of the Defendants Company, and G, a director of the Defendants Company, conspired to embezzlement or embezzlement by remitting the said amount to the Defendants Company, and the Defendants are obliged to pay the said amount as compensation for damages, as they aiding and abetting the said illegal act by F and G.
B. According to the facts established prior to the determination, Defendant C shall pay to the Plaintiff the interest or delay damages calculated at the rate of 18% per annum from February 15, 2011, which is KRW 500 million, to February 15, 2012, which is the date of repayment, from February 15, 2011, and from the next day to October 25, 2012, which is the date of delivery of a copy of the complaint of this case, and 20% per annum from the next day to the date of full payment, and Defendant D shall pay the loan of KRW 30 million and the loan of KRW 300 million to April 18, 201, to the date of repayment, 8.5% per annum from the next day to October 26, 2012, which is the date of delivery of a copy of the complaint of this case.