beta
(영문) 대전지방법원홍성지원 2019.08.29 2018가합1008

대여금

Text

1. The defendant shall pay 418,00,000 won to the plaintiff and 24% per annum from February 1, 2014 to the day of complete payment.

Reasons

1. Basic facts

A. Relevant party 1) The defendant corporation C (hereinafter "C")

D) Around July 13, 2012, while operating C as a representative director, it has been making a transaction of borrowing and repaying money between the Plaintiff and the Plaintiff, a long-term registered credit service provider, with the Defendant. (ii) D, with the Defendant, was under the Defendant’s joint and several surety, borrowed 470 million won as funds required for the F Development Project from the Plaintiff as of January 13, 2013 and interest rate of 36% per annum.

3) D) The Defendant’s business is the representative director of G Co., Ltd. (hereinafter “G”) due to the difficulty of the F Development Project.

(B) The Plaintiff and the Defendant assumed that D bears the responsibility for the payment of KRW 502,450,000 to the Plaintiff. B. By April 26, 2013, C bears the Plaintiff’s obligation to pay the total amount of KRW 502,450,000 as shown in the following table.

Nos. 1 and 2 were issued with respect to the Defendant’s obligation of KRW 150,00,000,000, borrowed at the rate of KRW 2% per month from the Plaintiff and KRW 1.5% per month. Nos. 3 issued with respect to the Defendant’s obligation of KRW 47,000,000,000,000 for the Plaintiff. Of D’s obligation of KRW 47,000,000 for the Plaintiff, KRW 12,000,000 for the principal and interest thereon, calculated at the rate of KRW 32,00,000 per month from March 8, 2013 to May 8, 2013. Nos. 4 issued with respect to the issuance of the Promissory Notes by the Plaintiff for the Defendant to a third party.

(1) The Plaintiff’s issuance date of the No.C. 150,000,000 on June 23, 2013, 2012; and (2) on May 20, 2013, 150,000 I 150,000,000 on May 20, 2013, 2013, J. 127,200,000,000 on May 8, 2013, 200, and in accordance with the sequence, the Plaintiff’s obligations are classified by bill. (3) The Plaintiff’s issuance date of the Promissory Notes No. 150,00,000 on May 15, 2013; and (4) the sum of the amount of the Promissory Notes No. 75,5,00,00 on May 15, 2013;