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1. The Defendant shall pay to the Plaintiff KRW 100,000,000 as well as 36% per annum from February 13, 2014 to the day of full payment.
Reasons
1. Facts of recognition;
A. On November 7, 2011, the Defendant awarded a contract to C Co., Ltd. (hereinafter referred to as “C”) for the new construction of the Suwon Urban Complex as the contract amount of KRW 15,400,000,000 and the completion date of the new construction of the Suwon Urban Complex as of March 31, 2013.
B. On September 28, 2012, the Defendant issued to C a promissory note (hereinafter “instant promissory note”) with a face value of KRW 100,000,000 at face value, payment place, payment place, and place of issuance, Gyeonggi-do, the date of issuance, September 28, 2012 of the date of issuance, and the date of payment column (printed “the date of September 28, 2012” and the seal impression of the Defendant corporation).
In the front top of the said Promissory Notes, the payment of this Promissory Notes shall be guaranteed within 90 days after the registration for the preservation of the building after the completion of the new construction of D New Construction Works in which C is in progress: Provided, That the payment shall be made in accordance with the phrase “the payment shall be made after the termination of the contract for the management of trust and sale of real estate (hereinafter “instant Additional Clause”).
(See Attached Form). (c)
On October 30, 2012, upon C’s request, the Defendant: (a) drafted a written confirmation confirming that “the Defendant issued and delivered the Promissory Notes in blank with the items of the due date specified C on September 28, 2012; (b) the holder of the Promissory Notes may exercise his right to fill in blank on a voluntary date after 90 days from the date the registration for the completion or preservation of the D building was completed; (c) the holder of the Promissory Notes may refuse the payment of the Promissory Notes until the termination of the trust contract; (d) subsequently agreed that the Promissory Notes was transferred to a third party as the date for the payment of the Promissory Notes; (e) the payment of the Promissory Notes under the same conditions as the written confirmation dated October 30, 2012; and (e) the payment of interest at a rate of 36% per annum if the due date is earlier.”
“A certificate was drawn up and received as notarized.”
Meanwhile, the Plaintiff’s endorsement in blank from C around October 2, 2012.