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1. The Defendant: KRW 79,332,59 for the Plaintiff and KRW 6% per annum from August 20, 2014 to November 3, 2015.
Reasons
1. Basic facts
A. On June 28, 2007, the Defendant, the representative director of Nonparty C Co., Ltd. (hereinafter “D”) obtained a loan of KRW 250 million (hereinafter “instant loan”) from the Savings Bank Co., Ltd. (hereinafter “One Savings Bank”) after the merger. Upon the Defendant’s request, the Plaintiff provided a joint and several guarantee for the instant loan obligations and provided real estate owned by the Plaintiff as security.
Of the instant loans, KRW 50,864,380 was used for the repayment of the Plaintiff’s separate debt, KRW 194,586,860 was paid to D, and KRW 4,548,760 was used for the establishment of the right to collateral security.
B. On February 1, 2012, the Defendant prepared and delivered to the Plaintiff a written agreement with respect to the repayment of the instant loan (hereinafter “instant written agreement”).
The defendant borrowed 250 million won from the Han Savings Bank as security of the plaintiff's real estate by making D as representative director D in May 2007. As of this letter, the defendant agreed that the real estate in the name of the plaintiff as security is in progress in the auction procedure in the state of failure to repay debts as of this day, and that it will provide a written agreement as follows.
1. The balance of loans as of the respective date: The principal amount of KRW 200 million and overdue interest, including various expenses, and the amount equivalent to KRW 210 million;
2. The Defendant prepared to repay the loan amounting to KRW 40 million by February 13, 2012 and provide it to the Plaintiff.
3. The Defendant undertakes, as soon as possible, to complete reimbursement of the loan (the Defendant’s share) and to conclude at the latest by the end of June 2012.
4. The defendant agrees to and cooperate in the change of the financial institution and the borrower designated by the plaintiff as the funds set forth in the above paragraph 1 are prepared.
5. The amount of KRW 50 million out of the original loan of KRW 250 million is 50,000,000,000 and the Plaintiff’s existing loan as security at the same time as the loan is provided.