대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On March 21, 2013, the Plaintiff entered into a credit transaction agreement with the non-party company to grant a loan of KRW 115,90,000 at an annual interest rate of 15%, and on June 20, 2013, and paid the loan to the non-party company. Since then, the date of expiration of the above year was extended on June 17, 2016.
B. From April 2016, Nonparty Company did not pay the principal and interest of the Plaintiff as of December 21, 2017 (i.e., interest amounting to KRW 82,317,042 as of December 21, 2017 (i.e., interest amounting to KRW 65,421,408 prior to incorporation into KRW 4,143,404, and interest amounting to KRW 11,165,985 overdue interest amounting to KRW 1,586,245).
The Plaintiff and Nonparty Company agreed to pay damages for delay pursuant to the interest rate determined by the Plaintiff, and the interest rate on delay determined by the Plaintiff is 15% per annum after January 25, 2015.
【Reasons for Recognition】 Each entry of Gap evidence Nos. 1 through 3, the purport of the whole pleadings
2. The assertion and judgment
A. The summary of the cause of the claim is that the non-party company has its head office in the Dong-gu Daejeon-gu Daejeon-gu and operated the lecture board, building materials, steel materials, and the wholesale and retail business, and closed down on October 28, 2016. The defendant also runs its business for the production and processing of steel and steel products, and the wholesale and retail of construction materials. The defendant, among the non-party company and the defendant's officers, has abused the company system in order to achieve the illegal purpose of evading obligations of the non-party company, such as the overlapping of part of the non-party company and the defendant, may seek the performance of obligations against the non-party company and the defendant, and the defendant is jointly and severally liable to pay to the non-party company the amount of the non-party company's outstanding principal and interest of KRW 82,317,042 and the damages for delay of KRW 65,
B. If an existing company of the relevant legal doctrine established a new company substantially identical to the form of the company with a view to evading debts, the establishment of the new company is aimed at evading debts of the existing company.