대여금
Defendants are jointly and severally liable to the Plaintiff for KRW 80,000,000 and 5% per annum from July 5, 2019 to August 13, 2020.
1. Facts of recognition;
A. On October 2018, F Co., Ltd. (hereinafter “F”) agreed to jointly carry out the business of creating profits by exclusively entrusting the sales agency business from F with the fact that it was granted the sales business license by “G apartment reconstruction and improvement project association (hereinafter “instant association”).
B. Defendant B, C, and D decided to separately establish a corporation for carrying out the said sales agency business, and borrowed from the Plaintiff a total of KRW 70 million on January 11, 2019, KRW 20 million, and KRW 50 million on January 12, 2019.
On January 12, 2019, the said Defendants drafted a written confirmation with the intent to jointly and severally repay the said KRW 70 million to the Plaintiff from the remuneration for the rebuilding apartment complex (G apartment apartment complex) in general sales of commercial buildings.
C. Defendant B, C, and D established Defendant E Company (hereinafter “Defendant Company”) with the aforementioned establishment fund on January 15, 2019, and Defendant B was appointed as the representative director of the Defendant Company.
On February 27, 2019, at the request of Defendant B, C, and D, the Plaintiff additionally lent KRW 10 million to the Defendants with the Defendant Company’s operating capital.
On the same day, Defendant B, C, and D prepared a written confirmation that “The above KRW 10 million will be borrowed from the Defendant Company’s operating funds and jointly returned to the Defendant Company at the same time as the existing loans will be returned to the Defendant Company’s income.”
E. However, it was found that F was granted a trade business license from the instant trade association. The instant trade association decided to sell the commercial building directly and selected I Co., Ltd. (hereinafter “I”) on June 12, 2019 through a public announcement of tender as a sales agency.
F. At the time of the public tender announcement, the instant association demanded a person who pays ten billion won deposit in cash to participate in a tender.
However, the defendant company shall pay the above money.