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1. Defendant B shall pay to the Plaintiff KRW 5,00,000 and the interest rate of KRW 12% per annum from October 30, 2019 to the date of full payment.
Reasons
1. Facts of recognition;
A. On March 4, 2017, Defendant B acquired from D the restaurant business on the 70,000,000,000 won, as indicated in the separate sheet (hereinafter “instant head”) from D on the 3rd and Seo-gu Busan, Busan, and the Defendant B reported the business of food service to the head of the Busan, Busan, Busan, on August 4, 2017, and operated the instant head office.
B. On January 30, 2018, Defendant B borrowed KRW 5 million from the Plaintiff (hereinafter “instant loan”) as of October 30, 2018, and Defendant B and Defendant B borrowed money from Defendant C from April 29, 2017 to August 11, 2018, and on July 3, 2018, Defendant B drafted and issued to Defendant C a certificate of loan with the Defendant’s KRW 60 million as the Defendant’s buyer, and at the time, Defendant B signed and sealed it as a joint and several surety.
C. Around July 30, 2018, Defendant B entered into a business transfer or takeover agreement with Defendant C on various business assets (such as leases, various equipment, house fixtures, and straws) of the instantp (hereinafter “instant business transfer agreement”). Around September 4, 2017, Defendant C transferred his/her business registration name to Defendant G. On July 30, 2018, Defendant C entered into and issued to Defendant B a written confirmation that “the debt relationship with the above loan amount of KRW 60,000,000,000,000,000,000,000,000,000,000,000,000,000.”
On August 8, 2018, with respect to the above borrowed amount of KRW 60 million, the No. 574 certificate issued by the notary public H office No. 2018, F paid the above borrowed amount of KRW 60 million up to December 31, 2018, and Defendant C signed a notarial deed of a monetary loan agreement with the effect that Defendant C guaranteed the above borrowed amount.
E. At the time of the contract for the transfer of the business in this case, Defendant B owned the business property (including KRW 10 million for the refund of the lease deposit) of this case with active property, while Defendant B owned the loan debt of this case against the Plaintiff with passive property, the joint and several guarantee debt of KRW 5 million against the Plaintiff, the above 60 million for Defendant C, and the total amount of the financial institution 4,977.