대여금
1. The Defendant: (a) KRW 80,000,000 for the Plaintiff and 11% per annum from October 11, 2016 to December 1, 2016; and (b) the Plaintiff.
The Defendant’s interest rate of KRW 80,000 from the Plaintiff on April 9, 2014 was extended on April 9, 2015 (hereinafter “instant loan”); and thereafter, the period of repayment was extended on April 11, 2017. However, the Defendant started to delay the interest of the instant loan from October 11, 2016. The interest interest rate of KRW 11% per annum under the instant loan contract is not disputed between the parties, or is recognized in full view of the purport of the entire pleadings as stated in the evidence No. 1 through No. 4 (including a serial number), and there is no counter-proof.
According to the above facts, barring any other special circumstances, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 11% per annum from October 11, 2016 to December 1, 2016, the delivery date of a copy of the complaint of this case, and 15% per annum from the next day to the date of full payment.
The defendant asserts that the defendant entered into a corporation transfer contract on July 18, 2016, and that the loan of this case was received by A or B, and thus it cannot respond to the plaintiff's claim of this case.
Although the defendant's assertion is unclear, first of all, the defendant's assertion was made to the effect that A or B acquired the defendant's loan obligation of this case, and the judgment was made, even if so, the defendant's loan obligation of this case against the plaintiff is not exempted unless the plaintiff's agreement is obtained, and the argument is without merit.
Next, even if the defendant's present management acquired the management right of the defendant company from the former management on July 18, 2016, and the loan of this case was previously made and thus it is impossible to comply with the plaintiff's claim of this case, such circumstance shall be the management right of the defendant company.