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1. The Defendant’s KRW 450,000,000 as well as 8.5% per annum from July 20, 2012 to January 15, 2015 to the Plaintiff.
Reasons
1. The fact that there is no dispute over the cause of the claim, and according to the evidence evidence Nos. 2 and 3, the Plaintiff (hereinafter “Plaintiff”) may recognize the loan of KRW 450 million to the Defendant on July 20, 2012 by setting the interest rate of KRW 8.5% (temporary payment at the time of repayment of loan) per annum, and the due date for repayment as of July 20, 2013 (hereinafter “the loan agreement of this case”), respectively (hereinafter “the loan of this case”).
According to the above facts of recognition, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 8.5% per annum from July 20, 2012 to January 15, 2015, which is the delivery date of a copy of the complaint of this case, 20% per annum from the following day to September 30, 2015, and 15% per annum from the next day to the day of full payment.
2. Judgment on the defendant's assertion
A. The Defendant’s assertion that the Plaintiff was the representative director of the Plaintiff and entered into the instant loan agreement with the Plaintiff to acquire the Plaintiff’s shares owned by E at the Plaintiff’s request and transfer them to the Plaintiff. On July 20, 2012, the Defendant transferred the Plaintiff’s shares 116,550 shares of the Plaintiff (50 won per share, registered convertible preferential shares, and hereinafter “instant shares”) from E to KRW 449,99,550, and on the same day, transferred the Plaintiff the instant shares to the Plaintiff as payment in lieu of the loan amount.
Accordingly, the defendant completed the repayment of the loan of this case to the plaintiff.
B. (1) Determination (1) According to the purport of Gap’s evidence Nos. 5 through 8, Eul’s evidence Nos. 1 and 2 (including the serial number), and the entire pleadings, whether the Plaintiff’s obligation to return the borrowed amount was extinguished due to the payment in substitutes of the instant shares, E shall be July 2012.