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1. The Defendant shall pay to the Plaintiff KRW 500,000,000 and the interest rate of KRW 20% per annum from August 31, 2017 to the date of full payment.
Reasons
Facts of recognition
A. The Defendant is a person who actually runs a stock company C (hereinafter “C”).
B. With respect to the lease agreement of the Namdong-gu Incheon Metropolitan City D neighboring Korea, the Plaintiff and C agreed to transfer 345,00,000,000 won, which the Plaintiff had previously held against C, to the account designated by C within 10 days from the date of conclusion of the agreement, plus 15,00,000 won, totaling KRW 5,00,000,000, to C. The Plaintiff and C agreed to lend to C. The Defendant, the actual management owner of C, is liable for the payment of the above loan, and issued a separate letter of payment to the Plaintiff as of December 16, 2016.
The lease-related agreement shall be entered into by the beneficiary.
1. The Plaintiff is liable for the repayment of the loan by the Defendant, the actual management owner of C, who lent the loan amount of KRW 500,000 to C in daily amount (50,000,000).
Of the above loans, KRW 345,000,000 (345,000,000) shall be replaced by a claim (in case of a bond transfer: E, a third debtor: C) that the Plaintiff possesses, and the remaining KRW 155,000,0000 (in case of a bond transfer: KRW 155,000,000) shall be transferred to the account designated by C within 10 days from the date of conclusion of the agreement.
(C) Transfer account as designated by the C: Enterprise Bank F, E
2. The Plaintiff may cancel the lease contract if it is impossible to move into due to the reasons attributable to C (in a middle) or the period of payment on a separate statement of payment ( August 30, 2017) is delayed.
(7) If a lease agreement becomes effective, a separate payment shall be null and void. On the contrary, if the Defendant’s letter of payment delivered to the Plaintiff is implemented, the lease agreement shall become null and void.
C (A) 16 December 2016, as agreed upon by the Plaintiff (person) E
C. The Plaintiff transferred KRW 155,000,000 in total to the account in the name of E designated by C in accordance with the above agreement, and the Defendant as of December 15, 2016 to the Plaintiff as of December 15, 2016, with regard to KRW 500,000,000, which is the loan amount under the above agreement.