대여금
1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 148,761,659 and KRW 148,183,046 from May 1, 2014 to October 1, 2015.
1. Facts of recognition;
A. On September 21, 2012, the Plaintiff and D (hereinafter “Plaintiff, etc.”) entered into an agreement on the establishment and operation of a manufacturing company (hereinafter “instant agreement”) with Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) with the content that the Defendant Co., Ltd. would jointly establish and operate a new company that manufactures and sells agricultural heating apparatus, home, and store heating apparatus (hereinafter “production of this case”) to be additionally developed using the technology on the heating apparatus of heating heat and steam manufactured and sold by the Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd.”).
B. According to the instant agreement, the Defendant Company invested an exclusive license for the manufacture of the instant product, and the Plaintiff, etc. shall pay KRW 500 million in cash by not later than October 15, 2012 with funds for establishing new companies, operating funds, and securing the initial level of products.
C. With respect to the obligation of the Plaintiff, etc. to pay KRW 500 million on the same day, the Plaintiff, etc. and the Defendant Company (hereinafter “Plaintiff, etc.”) provided real estate listed in the separate sheet prior to the investment deposit as collateral and granted a loan to the Defendant Company within the limit of KRW 500 million as collateral. 2. However, if a secured loan using a secured object is not available and the investment is not paid by the agreed date, the instant contract shall be automatically terminated.”
D. D.
Until October 15, 2012, the Plaintiff et al. failed to prepare investment funds at all, and the loan using each real estate listed in the separate sheet, which is owned by the Plaintiff, was not implemented.
E. On December 12, 2012, the Plaintiff deposited KRW 90 million to Defendant B, who is the inside director of the Defendant Company and the husband of the representative director of the Defendant Company E, KRW 10 million, KRW 10 million to Defendant B and E on January 23, 2013, KRW 6 million to E on January 24, 2013, and KRW 5 million to Defendant B on February 20, 2013, respectively, and deposited KRW 121 million to Defendant B.