대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Basic Facts
A. The Plaintiff lent a total of KRW 54 million to the Defendant from May 18, 2007 to October 15, 2007, and leased KRW 200 million to the Defendant on August 27, 2007.
B. On October 30, 2009, the Defendant agreed to pay to the Plaintiff KRW 220 million in total, including the loans of KRW 200 million on August 27, 2007 and the interest thereon KRW 20 million.
C. On February 11, 2010, the Plaintiff and the Defendant confirmed that the Defendant had the obligation to pay the Plaintiff a loan of KRW 254 million and interest thereon, and agreed that C shall pay damages for delay at the rate of 20% per annum from the date of receiving the Plaintiff’s claim for performance if it is impossible to repay the amount by March 31, 2010. If it is not possible, C shall pay the amount by subrogation until March 31, 2010, the Defendant shall transfer the claim of KRW 174 million to the Plaintiff, and D shall pay the remainder of KRW 100 million by subrogation.
(hereinafter referred to as “the instant arrangement”). D.
On February 18, 2010, the Defendant issued to the Plaintiff a promissory note of KRW 274 million in face value, and on February 23, 2010, a notarial deed on the said promissory note was written.
E. The Plaintiff did not repay according to the above repayment plan. On January 7, 2011, the Plaintiff received a claim attachment and collection order as to the Defendant’s claim against Cpidian Co., Ltd. based on the notarial deed of the above promissory note, but did not actually collect the claim.
Meanwhile, the Defendant paid to the Plaintiff KRW 19 billion on January 20, 2014, KRW 7 million on August 6, 2015, and KRW 2 million on October 30, 2015, and repaid the Plaintiff KRW 19 billion in total.
F. On March 18, 2016, with respect to the Defendant, the Plaintiff: (a) KRW 165 million (excluding loans KRW 274 million; excluding loans KRW 19 million; and (b) and damages for delay at the rate of KRW 20 million per annum from October 31, 2015 to the date of full payment.
(b).