대여금
1. The Defendant shall pay the Plaintiff KRW 200,000,000 and the interest rate of KRW 18% per annum from September 11, 2013 to the date of full payment.
1. Determination as to the cause of claim
A. 1) The Plaintiff is a stock company C (hereinafter “C”) on November 23, 2012.
(2) The loan repayment agreement was drawn up with the purport that the loan amount of KRW 200 million shall be KRW 3% per month of interest and shall be repaid until December 22, 2012. Since then C repaid to the Plaintiff the amount of KRW 100 million on November 28, 2012, but the Plaintiff re-leased KRW 100 million on November 29, 2012 and the following day (hereinafter referred to as “the first loan”).
(2) On August 27, 2013, C made an endorsement on the Promissory Notes with the face value of KRW 200 million issued by the Plaintiff Co., Ltd. (hereinafter “D”) in blank on August 19, 2013 and then delivered the said Promissory Notes to the Plaintiff’s side.
3) On April 27, 2013, the Plaintiff decided to repay KRW 100 million to EF on behalf of the Plaintiff, and cancelled the registration of collateral security (debtor: E, mortgagee: F, and maximum debt amount: KRW 200 million) established on five parcels of real estate outside Dongducheon-si as collateral for the said debt. The Plaintiff on June 14, 2013 (hereinafter “H”).
(2) On August 20, 2013, the Plaintiff concluded a monetary loan agreement with H and H on August 20, 2013, stating that “A loan agreement with KRW 100,000,000,000 and KRW 200,000,000,000,000,000 per annum and KRW 18,00,00 per annum; and that “A loan agreement with the Plaintiff shall be repaid with the borrowed amount until November 20, 2013” (hereinafter “the second loan agreement”).
(4) As security for the secondary gold obligation, H issued, on November 20, 2013, two copies of the Promissory Notes with the face value of KRW 100 million (hereinafter “instant Promissory Notes”) issued on August 20, 2013, with H’s payment date as the date of November 20, 2013 to the Plaintiff.
5) After the end of August 2013, the Defendant (the trade name at the time was a “stock company I” but was changed to the current trade name on January 23, 2017.
The principal amount is KRW 400,000,000,000 for the first and second loans to the Plaintiff, if the Defendant cannot repay to the Plaintiff by September 10, 2013, the principal amount is KRW 400,000.