대여금
1. The Defendant (Counterclaim Plaintiff) and the Defendants are jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 6,300,000,000 and the said amount on August 2, 2014.
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Basic facts
A. On March 7, 2014, a non-forest Capital Co., Ltd. (hereinafter “non-forest Capital”) entered into a loan agreement with the Defendant Han Property Management Co., Ltd. (hereinafter “Defendant Han Property Management”) and KRW 6.3 billion at maturity on March 10, 2015, and KRW 19% per annum on delay damages rate (hereinafter “instant loan agreement”).
On the same day, Defendant Korea-Japan Limited Company specialized in the first securitization, and A jointly and severally guaranteed the debt owed by Defendant Korea-Japan Asset Management to the pool Capital in accordance with the loan agreement of this case.
B. On March 10, 2014, the Bag Capital loaned KRW 6.3 billion to the management of Defendant Han-han’s assets in accordance with the instant loan agreement.
C. On March 10, 2014, the French Capital transferred to the Plaintiff all the claims under the instant loan agreement and all the rights incidental thereto.
The Defendants agreed to the transfer of the above bonds, etc. without reserving the objection by the certificate with the fixed date.
On the other hand, the loan agreement of this case provides that when the contract does not pay the agreed interest on the date of payment of interest, the full amount of the loan principal, interest thereon, expenses and losses incurred due to nonperformance shall be forfeited and immediately compensated.
Defendant Korea-U.S. Asset Management paid KRW 203,59, which was the first interest payment date of the instant loan, to the Plaintiff on March 10, 2014. However, on August 11, 2014, the second interest payment date, the amount of interest for five months under the instant loan agreement was not paid.
[Ground of recognition] The fact that there is no dispute, entry of Gap's 1 through 8, purport of whole pleading
2. Judgment on the main claim
A. According to the above facts of determination as to the cause of the claim, the management of the Defendant Han-han assets is governed by the instant loan agreement on August 11, 2014, which was the date of payment of interest, due to the failure to pay the agreed interest.