대여금
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 12,911,450,550 and KRW 12,00,000,00 among them, from February 7, 2012.
1. Basic facts
A. D Co., Ltd. (hereinafter “D”) and A (hereinafter “A”) are companies running mutual savings bank business, and A is a 10% subsidiary of D.
E is a managing director in charge of D’s business and Defendant B’s wife, who is the representative director of Defendant B Company (hereinafter “Defendant B”).
B. On December 1, 2010, A entered into a loan agreement with Defendant B on December 1, 201 with a content that loans of 12 billion won, interest rate of 10 billion won per annum on December 1, 201, annual interest rate of 10% per annum, and rate of delay delay damages per annum of 25% per annum (in arrears of more than three months) (hereinafter “instant loan agreement”). Defendant C guaranteed all the obligations that Defendant B shall bear pursuant to the instant loan agreement.
C. In addition, on December 1, 2010, A entered into a contract with Defendant B to establish a collateral on each of the instant real estates listed in the separate sheet (hereinafter “each of the instant real estates”) with respect to the instant loans, and on the same day, A completed the registration of establishment of a collateral over the amount of KRW 15.6 billion for each of the instant real estates in Seoul Northern District Court No. 36040 on the same day.
D On the same day, deposited 12 billion won in the loan account (F) of Defendant B opened in accordance with the instant loan agreement, and transferred 12 billion won in the above account from Defendant B to Defendant B’s ordinary deposit account (G) and then, in fact, temporarily created electronically in order to indicate that the deposit was converted from Defendant B’s ordinary deposit account to the fixed deposit account (H), and is in fact the same as the fixed deposit account (I). Upon forming B, the above 12 billion won in the above ordinary deposit account was transferred from the above ordinary deposit account to the fixed deposit account (I) and then the said fixed deposit account was created, the said regular deposit account was again transferred from the above regular deposit account to the above ordinary deposit account.
Afterward, the money transferred from the above ordinary deposit account to the above common deposit account (J, K, L, M).