beta
Text
1. Defendant B, D, E, F, and G are jointly and severally liable to the Plaintiff for KRW 476,00,000 and the Defendant Company.
Reasons
1. Basic facts
A. On September 5, 2011, the Plaintiff requested Defendant C to lend funds to H Co., Ltd. (hereinafter “Defendant B”) operated by Defendant C (hereinafter “Defendant B”).
Accordingly, the Plaintiff and Defendant B, by means of the lending method, sold the land owned by the Plaintiff to Defendant B in the purchase price of KRW 600 million. Defendant C loaned KRW 600 million to the said land as security, and paid KRW 70 million out of which was paid to the Plaintiff as part of the purchase price. The Plaintiff agreed to lend KRW 530 million to Defendant B with the loan of KRW 500 million to the Plaintiff, and the following loan certificates (hereinafter “the loan certificates”).
1. On September 5, 2011, Defendant B borrowed KRW 5.3 million from the Plaintiff, and the interest may be adjusted by agreement between the parties on September 5, 201 and September 5, 201 by paying KRW 4,50,000 per month (excluding the interest for one month after rent, and the interest for two months from November 5, 201). The interest for two months shall be exempted, and the interest for two months shall lose the benefit of the due date, and shall lose the interest for the entire period (30% per annum), and the due date for payment on September 5, 2012.
2. To secure a loan principal of KRW 530,00,000,00 shall be granted to the Plaintiff by establishing a collateral of KRW 700,000,00,000 to L hotel located
3. The Plaintiff and Defendant B related to the land sales contract are deemed to have concluded a sales contract for the instant land at KRW 600 million as of the date of preparation of the instant loan certificate.
The purchase price of land shall be deemed to have been fully paid when Defendant B fully repaid KRW 5.3 million borrowed from the Plaintiff, and at the same time, the Plaintiff shall execute the registration of ownership transfer by selling the instant land in the name of Defendant B.
(b)
B. Of the instant loan certificates, the term “joint and several suretys for rent (5.30 million won)” refers to Defendant C, D, E, F, and G at the lower end.