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1. The plaintiff
A. Defendant D shall pay KRW 200,000,000 as well as 20% per annum from March 31, 2015 to the date of full payment.
Reasons
1. Basic facts
A. Defendant B is a company that manufactures and assembles solar power-related facilities and components. Defendant D actually operates Defendant B. Defendant C is the legal spouse of Defendant D. 2) The Plaintiff entered the Defendant B and was the representative director from January 3, 2011 to February 26, 2015.
(No. 1) E was appointed as an inside director of Defendant B on February 26, 2015, and Defendant D was appointed as Defendant B’s inside director on October 22, 2015.
B. The Plaintiff lent money to Defendant B from January 2012, the Plaintiff loaned money to Defendant B several times. The Plaintiff’s loan claim against Defendant B, which was settled as of January 28, 2013, is KRW 9,950,000.
(A) Evidence No. 10, A No. 27-9, c.
On December 31, 2014, Defendant B borrowed KRW 300 million from the F Bank on December 31, 2014 to the F Bank on December 31, 2014 (hereinafter “F Bank loans”). On the same day, the Plaintiff jointly and severally guaranteed Defendant B’s loan within the limit of KRW 330 million (Evidence 4) with the payment period of KRW 200 million from the JF Bank loans to the F Bank on December 31, 2014 (hereinafter “F Bank loans”). On the same day, Defendant B borrowed KRW 200 million from the JF Bank loans from the JF Bank on February 17, 2015 to the interest rate of KRW 20 million on February 25, 202 and 354% per annum.
(hereinafter referred to as “China Loans”). On the same day, the Plaintiff jointly and severally guaranteed Defendant B’s loans within the limit of KRW 240 million.
(A) No. 14. D.
Defendant D, on December 31, 2014, expressed the intent of Defendant D to repay the Plaintiff’s obligation. Defendant D, with respect to F Bank loans, made a payment agreement (hereinafter “instant payment agreement”) with respect to F Bank loans to the Plaintiff as follows (Evidence 1). The Defendants asserted to the effect that the Plaintiff forged the name of Defendant C in the instant payment agreement (as of October 31, 2016, 3 pages, and March 16, 2017).