1. The Defendant’s KRW 200,000,000 as well as annual 6% from February 9, 2018 to June 15, 2020 to the Plaintiff.

Basic Facts

On February 8, 2018, the Plaintiff leased KRW 200,000,00 to the Promotion Committee of the Regional Housing Association (hereinafter referred to as the “Promotion Committee of this case”) at the rate of 6% per annum on February 8, 2019 and on February 8, 2019. The fact that the Defendant guaranteed the Plaintiff’s debt to the Plaintiff on the same day does not conflict between the parties.

According to the above facts of the court's determination as to the cause of the claim, the defendant is obligated to pay to the plaintiff the amount of 200,000,000,000 won loans and the damages for delay calculated by the agreement rate of 6% per annum from February 9, 2019 to June 15, 2020 and 12% per annum from the next day to the date of full payment under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which are clearly written from February 9, 2019 to the date of delivery of a copy of the complaint in this case.

The defendant asserts that the above loan was invested by the plaintiff as operating funds and land work expenses of the promotion committee of this case on the condition that D takes charge of the agency business of the local new housing construction project of the promotion committee of this case. On February 20, 2019, the promotion committee of this case entered into a regional housing association agency contract with E Co., Ltd. (the former trade name: F Co., Ltd.; hereinafter referred to as "non-party company") in which the plaintiff is the representative director, and on April 14, 2020, the defendant agreed to make efforts to recover the above loan from the new agent company B, a joint representative director of the non-party company, and thus suspended the repayment period of the loan debt.

Since the above loan obligations are obligations against the plaintiff of the promotion committee of this case, even if the joint representative director of the non-party company, who is not the plaintiff, agreed to postpone the repayment period for the above obligation, this is merely an agreement with the non-creditor and thus, it does not affect the plaintiff.