대여금
1. The Defendant’s KRW 381,860,891 as well as 5% per annum from January 10, 2016 to May 25, 2018 to the Plaintiff.
Basic Facts
A. The Plaintiff deposited KRW 383,500,000 in total with the account under the name of C Co., Ltd. (hereinafter “C”).
B. On January 10, 2006, the date of issuance, December 30, 2006, the issue date, the place of payment, and the place of payment as Seoul, the Defendant written and sealed the Plaintiff’s name and address in the issuer column jointly with C (hereinafter “instant promissory note”), and on January 10, 2006, a notary public written a notarized deed of a promissory note (hereinafter “instant notarial deed”) with the stipulation of acceptance for compulsory execution as stipulated in Article 00322 of the DDR’s certificate office as of January 10, 2006.
C. On March 25, 2009, the Plaintiff, with the title of execution, was issued a promissory note amounting to KRW 383,500,000 as the Seoul Eastern District Court Decision 2009TAC337, and was issued a seizure and collection order with the debtor, the third debtor, the Korean bank, etc. (hereinafter “instant claim seizure and collection order”), and collected KRW 160,000 on May 7, 2009 based on the above collection order, and collected KRW 1,479,109 on July 8, 2009.
The plaintiff, on January 10, 2006, lent KRW 383,500,00 to the defendant on December 30, 2006 on the part of the plaintiff on the ground that there is no dispute (applicable to recognition), Gap Nos. 2 and 12, and the purport of the whole pleadings, and the plaintiff's assertion of the parties to the lawsuit was summarized as loans in full amount of KRW 383,50,000, including the issuance of the Promissory Notes and transfer of existing shares to the defendant.
The defendant made an oral agreement to pay interest on the above loan in accordance with the ratio of 1 copy per month, and 2 times per month of delay, if any.
Therefore, the defendant is liable to pay to the plaintiff KRW 383,50,000 and interest or delay damages thereon.
383,50,000 won as claimed by the Plaintiff is not a loan, but an investment to C operated by the Defendant, and the Plaintiff shall invest in the business of C and become a director.