대여금
1. The judgment of the court of first instance is modified as follows.
The defendant shall pay to the plaintiff KRW 824,236,90 and KRW 694,503,730.
1. The facts of recognition are as follows: (a) the Plaintiff requested the Defendant, the actual operator of D (the representative E; hereinafter referred to as D) to lend the D Operational Funds from July 4, 2014; and (b) the Plaintiff paid the loan to the corporate account of D Co., Ltd. (the representative director) established on October 6, 2014 at the request of D, with the personal account of J, the accountant in charge of D; and (c) the Plaintiff paid the loan to the corporate account of D (the representative director) established on October 6, 2014; and (d) the interest rate is 3% per month (the 2% from December 1, 2015 to December 1, 2015).
D around October 30, 2015 and around November 30, 2011, D issued and delivered three copies of a unit price per face value of 1.2 billion won in order to secure the payment of the principal and interest of the loan to the Plaintiff, etc., and the Defendant endorsed to the effect of the guarantee.
As of November 30, 2015, the Plaintiff and the Defendant: (a) KRW 1,029,00,000 of the leased principal as of November 30, 2015; (b) interest of KRW 39,330,000; and (c) debt 128,00,000 of the goods transaction-related obligations [= KRW 7,000 of the warehouse rent of KRW 86,000,000 for the goods [=50,000 x 14 months (from October 1, 2014 to November 201), the trademark usage fee of KRW 33,00,00 (=3,00,000,000, KRW 30,000, KRW 3000, KRW 1309, KRW 3000, KRW 308,000, KRW 309, KRW 2000, KRW 309,30110]
(1) The following statement of performance (hereinafter “instant statement of performance”) is written as follows:
No. 1398 of 2015, a notary public prepared the law firm reputation and received the authentication.
A: The indication of the E subject matter: The case of a payment commitment to KRW 1.2 billion borrowed by “A” to “B” shall fulfill the following matters in good faith, and if each letter carries out or fails to fulfill with a bad faith, “A” shall be entirely liable, and the other party shall be subject to a series of disadvantageous measures.