대여금 등
1. The Plaintiff:
A. Defendant B shall pay KRW 87,448,395 and a rate of 20% per annum from August 8, 2012 to the date of complete payment.
1. According to Gap evidence No. 1, Gap evidence No. 3-3, Gap evidence No. 5, 6, 7, 8, and Eul evidence No. 23-2, each of the statements and arguments No. 3-23, the plaintiff lent 150,000 won interest to defendant B on December 30, 2008, 15% per annum, and the due date for payment on January 7, 2009, and the right to collateral security was created on the land owned by the Jeon Tri-gu as collateral. On the other hand, defendant B repaid to the plaintiff a sum of 75,00,000,00 won as the repayment for the loan from December 23, 2008 to November 4, 2010, the plaintiff can be appropriated as the principal and interest of the above collateral and then appropriated the remainder to the plaintiff as dividends No. 689,79,79,79,79,79,000 won until December 3, 2010.
Therefore, Defendant B is obligated to pay to the Plaintiff the remainder of the loan borrowed amounting to KRW 37,268,491 ( KRW 150,000-75,000-75,000,000--37,731,509) and delay damages.
2. According to the overall purport of the statements and arguments set forth in Gap evidence Nos. 3-5-16, Gap evidence Nos. 4, 5, 6, 7, and 8 as to the gas price claim against defendant Eul, the plaintiff supplied the defendant Eul with a total amount of KRW 1,221,47,034 from July 208 to June 201, 201, and it can be acknowledged that the plaintiff received KRW 1,171,267,130 as the price. Thus, the defendant Eul is liable to pay the unpaid gas price amount of KRW 50,179,904 (=1,221,47, 034-1, 171, 267,130) and its delay damages.
3. According to the purport of Gap evidence 3-5-16 and evidence 9-1 and 2 as to the gas price claim against the defendant Eul, the defendant Eul operated the gas filling wholesale retail trade with the trade name of "D from May 9, 2008", and around December 8, 2009, the defendant Eul operated D jointly with the defendant Eul. Since December 8, 2009, it can be recognized that the defendant Eul paid the gas price to the plaintiff of the defendant Eul from December 8, 2009, the defendant Eul is a transferee of business belonging to the trade name, or the defendant Eul as the operator of D's operating entity.