대여금
1. The Defendants are jointly and severally liable to the Plaintiff for a fee of KRW 205,00,000 and each year from August 1, 2014 to January 15, 2016.
1. Facts of recognition;
A. C Co., Ltd. (hereinafter “C”) borrowed KRW 200,000,00 from the Plaintiff on February 2, 2011, and the Defendants jointly and severally guaranteed the aforementioned loan obligation.
The Defendants borrowed KRW 50,000,000 from the Plaintiff around February 2011.
B. The Plaintiff and the Defendants drafted a performance memorandum as follows:
In constructing a multi-household city residential housing (multi-household 40 households) implemented in C, the Defendants shall borrow 250,000,000 won from the Plaintiff and implement the following:
(b)
2. The profit shall be apportioned to the Plaintiff and the Defendants in duplicate.
3. The borrowed principal of KRW 250,000,000 and the preferred dividends of KRW 20,000,000 plus KRW 270,000,000 shall be used at the office when deposited from D, and shall be repaid with priority when the second deposit is made.
4. Even if profit does not exceed 500,000,000 won, the Defendants shall guarantee to the Plaintiff 230,000,000 won, excluding 20,000,000 won for preferential dividends for profit.
C The loan amount of KRW 200,000,000 shall be repaid in full at C, and KRW 30,000,000 shall be repaid in full at the time of deposit or completion of the construction cost after the payment at C.
(hereinafter omitted)
C. The Defendants prepared a cash storage certificate with the following contents and delivered it to the Plaintiff on February 201, 201 after the completion of the above performance memorandum.
1. To receive 500,000,000 won on February 2, 2011 and to ensure the receipt (storage) of that amount, this Certificate shall be prepared, signed or sealed.
2. The amount received and kept from the Plaintiff shall be returned to December 31, 201, and any civil or criminal objection shall not be raised at the time of non-performance of the amount.
The Defendants repaid KRW 30,000,000 to the Plaintiff on August 9, 2012.
E. On July 22, 2013, the Defendants transferred the Defendants’ claim for construction cost equivalent to KRW 65,000,000 to the Plaintiff as to C and E (the representative director of C at that time), and on September 2, 2013.