대여금
1. Defendant A, E, F, and G jointly and severally with the Plaintiff KRW 1,314,143,060 and its related amount from June 29, 2010, and Defendant A shall be jointly and severally liable to the Plaintiff. < Amended by Presidential Decree No. 23032, Jun. 29,
1. The following facts do not conflict between the parties, or may be found upon full consideration of the respective entries and arguments set forth in Gap evidence Nos. 1, 2, 4, 5, 7, 8, and Eul evidence Nos. 1 (including serial numbers; hereinafter the same shall apply) and the whole purport of the arguments.
On June 28, 2010, the Plaintiff entered into a monetary loan agreement with Defendant A (hereinafter “instant loan agreement”) and deposited KRW 1,314,143,060 on June 29, 2010 into a bank account designated by Defendant A.
The main contents of the above contract are as follows:
- D - This monetary loan agreement was concluded between the Plaintiff and Defendant A, B, C, and D on June 28, 2010.
Article 2 (Lease) (1) On June 28, 2010, the Plaintiff lends 421,381,020 won to Defendant A, B, C, and D (Defendant A: 50,000,000 won, Defendant B, C, and D, respectively).
Article 3 (Interest) (1) Interest on the borrowed amount shall be 12% per annum.
Article 4 (Security, etc.) (1) In order to secure a loan and interest, Defendant A, B, C, and D will provide the Plaintiff with a secured security agreed upon within a prompt time after the date of loan execution.
(3) Defendant A, B, C, and D are jointly and severally liable to repay the borrowed money.
(1) Defendant A, B, C, and D shall repay the borrowed money to the Plaintiff on June 28, 2013.
B. On June 28, 2010, Defendant E, F, and G jointly and severally guaranteed the principal and interest of KRW 1,314,143,060 to the Plaintiff.
C. However, Defendant A, while entering into the instant loan for consumption, agreed to provide the Plaintiff with the shares issued by H Bank as collateral, did not implement the agreement.
Accordingly, on February 25, 201, the Plaintiff notified Defendant A, E, F, and G of the fact that the interest under the loan agreement of this case was lost, the Plaintiff immediately repaid the principal and interest of the loan and performed the joint and several liability.
2. According to the facts of the recognition of the claim against Defendant A, E, F, and G, the time limit for repayment stipulated in the loan agreement of this case shall be June 28, 2013; however, Defendant A, the debtor, did not perform the obligation to provide security under the above contract.