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1. The defendant shall pay to the plaintiff the amount of KRW 356,038,381 and the amount of KRW 236,129,271 from August 31, 2018 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff loaned KRW 50 million to the Defendant on May 31, 2018, KRW 150 million on June 5, 2018, KRW 50 million on June 8, 2018, KRW 350 million on June 8, 2018, and KRW 350 million on June 21, 2018 (hereinafter referred to as “each of the instant loans”) (hereinafter referred to as “each of the instant loans”), and the Defendant repaid the said loans to the Plaintiff KRW 10 million on July 10, 2018, KRW 70 million on July 31, 2018, KRW 10 million on July 31, 2018, KRW 30 million on August 31, 2018, KRW 100 million on August 3, 2018, KRW 200,000 on August 18, 2018.
B. Around June 2018, the Defendant signed and sealed each of the instant loans with the name of 2.5 million won until August 6, 2018; the remaining KRW 100 million until August 18, 2018; and 30% of the profits when profits accrued from the operation of each of the instant loans; 20% of the profits; and 30% of the profits when the Defendant made an investment with the Plaintiff; and 12 million won per month if the profits do not accrue or the profits fall short of KRW 12 million, the Defendant signed and sealed each of the instant bonds accounts with the Plaintiff’s name of 2.8 billion (hereinafter “each of the instant bonds issued on June 1, 2018”; 2.5 billion of the principal amount; 300,000,000,000 won, including each of the instant bonds deposited in the Plaintiff’s account (hereinafter “instant account”); and 2.88 billion,000,000 won, each of the instant shares issued on June 18, 2018.
C. On August 23, 2018, the Defendant: (a) changed the repayment period of KRW 2.5 million from each of the instant loans to August 29, 2018; and (b) as to the agreement on guaranteeing loss of the instant loans, the Defendant shall guarantee the principal on the basis of the closing price on August 24, 2018.