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1. The Defendant’s KRW 16,00,000 as well as the Plaintiff’s annual rate of KRW 5% from December 9, 2014 to November 6, 2015.
Reasons
1. Basic facts
A. On June 27, 2012, the Plaintiff: (a) entered into an agreement with B and C on the following terms and conditions in relation to D’s start-up business (hereinafter “instant agreement”); and (b) the Defendant signed and sealed the instant agreement as a partner.
Article 4 "A" and the repayment method (hereinafter referred to as "A") refer to the plaintiff, "B" and "B".
A shall support B with funding KRW 30 million as interest-free, and B shall pay the subsidized amount in installments over 15 times each month from August 20, 2012 to October 20, 2013.
In addition, even once the scheduled repayment date is not paid, Eul shall lose the remainder of the due date, and the full amount of loans, including the principal and interest, shall be immediately repaid, and Gap may take all legal measures.
Article 7 (Method of Calculating Penalty and Calculation shall be calculated by the following methods in the event of closing transactions in violation of the provisions of Articles 1 through 5:
1. It shall pay a penalty of 30% of the initial loan when the transaction is closed within one year from the date of loan;
2. A penalty of 20% of the initial loan must be paid when the transaction is closed after one year from the date of the loan.
In addition, it is necessary to pay interest of 20% per annum on the first aid principal when the contract is concluded separately from penalty.
B. Around June 27, 2012, the Plaintiff lent KRW 20 million to B and C (hereinafter “B, etc.”) as a fund for supporting business start-ups. B, etc. repaid only KRW 4 million out of the above loans to the Plaintiff by February 7, 2013, and not actually operated D, and thus, the Plaintiff did not engage in liquor transactions with the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2, Eul evidence 1, the purport of the whole pleadings
2. The parties' assertion
A. The defendant, who is the plaintiff D's partner, is jointly and severally with E, etc. to repay the plaintiff in installments in two million won per month in accordance with Article 4 of the Agreement.