대여금
1. Defendant B shall pay to the Plaintiff KRW 470,00,000 and the interest rate of KRW 15% per annum from August 6, 2016 to the date of full payment.
1. Basic facts
A. On January 2015, Defendant C entered into a contract with D (hereinafter “instant construction contract”) by setting the construction cost of KRW 1,453,00,00,000 for the construction of a neighborhood living facility building (hereinafter “instant building”) on the land of 1,453 square meters of forest E in terms of harmony owned by Defendant C (hereinafter “D”) as between Defendant C and D (hereinafter “instant construction contract”).
B. (1) On February 15, 2011, Defendant B borrowed KRW 600 million from the Plaintiff, and until July 2016, Defendant B failed to repay KRW 170 million out of the above borrowed amount. (2) Defendant B requested the Plaintiff to lend KRW 500 million necessary for the construction of the instant building upon July 2015 while performing the Plaintiff’s tax affairs as proxy.
Accordingly, on July 23, 2015, the Plaintiff agreed to additionally lend KRW 500 million to Defendant B, and drafted a loan certificate (Evidence A 1) with the content that the Plaintiff would lend KRW 170 million, which was unpaid, out of the borrowed money as of February 15, 201, and additional KRW 570 million, and the total amount of KRW 670 million, as of March 23, 2016, to lend KRW 670 million as of March 23, 2016.
The above loan certificate contains the following contents:
In the event that the payment is made by the letter of guarantee for the payment and transfer of the construction price of the building of this case provided prior to the above date (the letter of the guarantee of this case as referred to below), the loan will be preferentially repaid, and if the payment is not made within the time limit, the creditor will not raise any objection even if he claims directly against the owner, and actively cooperate in all necessary affairs.
C. The Plaintiff paid KRW 10 million on July 23, 2015, which was on the date of the preparation of the above loan certificate, to Defendant B, respectively, and KRW 490 million on July 24, 2015.
(2) Defendant B paid KRW 500 million to the Plaintiff on March 30, 2016.
On the other hand, the Plaintiff.