(영문) 서울중앙지방법원 2020.06.17 2018가합572461

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(영문) 서울중앙지방법원 2020.06.17 2018가합572461

대여금

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1. The Defendants shall jointly and severally serve as KRW 3,760,000,000 on the Plaintiff and as a result, from May 2, 2018 to June 26, 2018.

Reasons

1. Basic facts

A. The status of the parties 1) D Co., Ltd. (hereinafter “D”).

(2) The Plaintiff is a company running the so-called P2P (P2P) platform service that offers investment funds from many unspecified investors and invests them in the construction company through online. The Plaintiff is a subsidiary company of D and engaged in credit business and loan brokerage business, etc. connected with P2P lending. (2) Defendant B (hereinafter “Defendant B”) is a company running the business of building and selling officetels on the land of Incheon City, E and F (hereinafter “instant business”). Defendant C is the representative director of Defendant B, and G Co., Ltd (hereinafter “G”) is the starting company of the instant business.

B. On February 7, 2018, the Defendants entered into a platform user agreement and a loan agreement with D to pay KRW 200,000,000 for the instant project through D’s platform. On the same day, the Defendants entered into a platform user agreement with the Plaintiff to pay KRW 4,00,000,000 for the instant project. On the same day, the agreement entered into between the Plaintiff and the Plaintiff on the same day, with the rate of KRW 18% per annum, overdue interest rate of KRW 25% per annum, and the agreement to pay KRW 4,00,000 as a joint and several surety company (hereinafter “instant loan agreement”).

The contents of the instant loan agreement relating to the instant case are as follows.

Article 2 (1) The Plaintiff shall lend KRW 4,00,000,000 to the Plaintiff and the Defendants shall have the duty to receive and repay the loan.

The loan shall be partially paid in accordance with the construction progress rate for the instant business site, and the Defendants shall execute the relevant loan only as construction cost for the instant business.

In addition, the Defendants should report the execution details of the construction cost to the Plaintiff by e-mail as determined by the Plaintiff on the last day of each month.

(2) The Plaintiff is an account under the name of the Defendants as designated by the Defendants.

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