대여금
1. The Defendant shall pay to the Plaintiff the annual amount of KRW 184,803,541 and KRW 72,978,061 among them, from November 23, 2013 to the date of full payment.
In full view of the facts in dispute between the parties, Gap evidence Nos. 1 through 4, and the purport of the entire pleadings, the plaintiff and the defendant entered into a loan agreement on July 20, 201, the loan limit of 500 million won, the interest rate of 21% on July 25, 2013, which is the floating rate (21% delayed interest rate). The defendant set up a collateral security agreement on the loan of 249.18m2 in Ulsan-gu, Ulsan-gu as collateral for the above loan of 460 million won and borrowed a sum of 460 million won from the plaintiff (40 million won on July 25, 201; 60 million won on November 7, 2011; the defendant did not pay interest by 10 million won on August 23, 2012; the defendant did not obtain any interest on the loan of 2010 won and lost its principal on July 23, 2012, 2013.
According to the above facts, the defendant is obligated to pay damages for delay calculated at the rate of 20% per annum to the plaintiff within the agreed delay rate of 184,803,541 won and the principal of the loan 72,978,061 won and 72,978,061 won from November 23, 2013 to the date of full payment due.
The Defendant asserts that the instant loan was made with respect to the construction contract concluded between D Co., Ltd. and EN Construction Co., Ltd. invested by D Co., Ltd., and that the dispute occurred due to D Co., Ltd.’s failure to perform the said construction work. During that process, the Plaintiff did not take a way to minimize the Defendant’s damage or mutual dispute, and that the loan as of November 7, 201 did not appear to have been applied by the Defendant and it was null and void.
In light of the above facts, evidence Nos. 2, 6, 8, 11, and 3-1.