대여금
1. The Plaintiff:
A. Defendant B’s KRW 260,000,000 and annual interest thereon from July 1, 2014 to June 8, 2019; and
1. The Plaintiff asserted that the Plaintiff lent money to Defendant B and C through Defendant D. As to the lending, ① Defendant D borrowed KRW 130 million to the Plaintiff on November 11, 2010, and ② Defendant B sold “Fri land E-si forest land” (hereinafter “Fri land”) on March 7, 201, and prepared a letter of payment (Evidence 2) stating that the Plaintiff would pay KRW 260 million to the Plaintiff on the same day (Evidence 3) by issuing a promissory note equivalent to the above amount, and borrowed KRW 260 million on March 3, 2014, and prepared a certificate of payment (Evidence 15,00,000,000 won to the Plaintiff on June 30, 2014, and prepared a certificate of payment (Evidence 3,500,000,000,000 won to the Plaintiff on June 30, 2014).
As such, Defendant B bears the Plaintiff’s obligation to provide loans of KRW 260 million, KRW 150 million out of the above money, and KRW 130 million out of the above money. As such, the Defendants are jointly and severally liable to pay each of the above money.
2. Determination
A. Determination as to the claim against Defendant B: The following facts are required: (a) Defendant B entrusted Defendant D with raising KRW 100 million on the condition that “the lessee would develop and sell the forest land at the time of sale; and (b) Defendant D wired the said money to Defendant B to pay KRW 100 million out of the money borrowed from the Plaintiff to Defendant B as the down payment for purchase of Fri land; and (c) Defendant B prepared a monetary loan agreement (Evidence 5) to pay KRW 260 million plus the profit at the time of completion of development by June 30, 2014 with the Plaintiff’s actual loan amount of KRW 100,000,000,000,000 added to the profit at the time of completion of development; (d) Defendant B did not conflict between the parties; or (e) Defendant B admitted the denial of the seal on the date of pleading 50,000,000 won from the date of pleading, but affixed the seal on March 3, 2014.