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1. The Defendant’s KRW 230,000,000 as well as its annual 14.4% from March 13, 2017 to September 5, 2017 to the Plaintiff.
Reasons
In fact, the defendant was established on February 22, 2010 for the purpose of automobile leasing business, and was engaged mainly in the so-called "loan of vehicle involved in accident". C was a representative director and C's wife, and E used the position of office as a former director or a business director.
E recommended the loan, investment, etc. of the defendant to the plaintiff, F, and G, who was known to the general public.
The Plaintiff’s first and second loans to the Defendant, on February 12, 2014, concluded a loan agreement with the Defendant by stipulating “120,000 won for loans” (1.2% per month, 14.4% per annum), “12,00,000 won per month (1.2% per month, 14.4%) from the end of the month, and 37 months, and paid KRW 100,000 to the Defendant (hereinafter “the first loan”) and received letter certification on February 13, 2014.
(No. 598). On April 9, 2014, the Plaintiff entered into a loan agreement with the Defendant on the terms of “a loan of KRW 130 million (1.2% per month, 1560,000 per month (1.2% per year, 14.4%) from the first month to the 37th month, and the return of KRW 130,000,000 per month from the 37th month, and paid KRW 130,000 to the Defendant (hereinafter “the second loan”) and received a letter of apology on the same day.
(No. 1724), No. 1 and No. 2 (No. 1724), including the number of houses, are named as "fund investment contract" and "investment amount". However, there is no dispute between the parties that the substance of the contract is a lending contract.
Until February 2017, the Defendant entered into an agreement on the return of funds with the Plaintiff, C, etc., with the interest of KRW 43.2 million (=1.2 million won x 36 months (from March to February 2014) x 5,304,00 won (=1.560,00 won x 34 months (from May 2014 to February 2017)) specified in the first loan agreement with the Plaintiff. The Defendant entered into an agreement on the return of funds with the Plaintiff, C, D, and D’s mother on March 22, 2017, including the following (hereinafter referred to as “instant agreement”).