대여금
1. The Defendant’s KRW 75,751,426 and any of them shall be the Plaintiff:
A. From March 14, 2019, KRW 225,751,426 shall be repaid.
The judgment as to the cause of claim is confirmed that the Plaintiff loaned KRW 800 million to C Co., Ltd. (hereinafter referred to as “C”) as listed in the following table from April 4, 2018 to June 5, 2018 (hereinafter referred to as “each loan agreement of this case”), and the Defendant jointly and severally guaranteed each of the above loan obligations against C on July 24, 2018. The Plaintiff paid interest or overdue interest from the loans listed in the table Nos. 24,248,574 and the interest or overdue interest from March 13, 2019 among the loans listed in the table Nos. 2 and 3 below, until September 20, 2018, and interest from September 5, 2018 as to loans listed in the table No. 4 below.
Unless special circumstances exist, the defendant is obligated to pay to the plaintiff interest or delay damages from September 21, 2018 to September 21, 2018 for KRW 775,751,426 [250,00,000 - KRW 150,000,000 for KRW 200,000 for KRW 200,000 for KRW 225,751,426] and for KRW 225,751,426 for KRW 150,00 for KRW 150,000 from September 21, 2018, KRW 200,000 for KRW 20,000 from September 21, 2018 to the day of full payment.
The Defendant asserted that on October 2, 2018, the interest rate of loans, interest rate of 50,000,000 won on April 4, 2018 and 18.0% on October 2018, 2018, KRW 18.0% on April 13, 2018, KRW 18.0% on April 13, 2018, and KRW 24.0% on October 20, 2018, KRW 18.0% on May 16, 2018, KRW 18.0% on 24.0% on May 20, 2018, KRW 24.0% on June 5, 2018, KRW 100,000,000 on 19.15% on behalf of the Plaintiff and the Defendant’s assertion that the Plaintiff’s right of investment is 15.18% on May 21, 2018.
However, C's internal directors D arbitrarily signed and sealed each loan transaction agreement to borrow a total of KRW 800 million from the Plaintiff without the consent of the representative director E.
Each of the loans for consumption in this case was concluded by an unqualified person, and thus null and void.
Judgment
The Health Unit and C Director D is a loan transaction agreement for each of the loans for consumption in this case.