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1. As to KRW 300,000,000 among the Plaintiff and KRW 100,000,000 among them, the Defendant shall start from March 28, 2014 to March 27, 2015.
Reasons
Facts of recognition
A. On March 28, 2014, the Plaintiff: (a) and the Defendant paid KRW 100 million to the Defendant on March 27, 2015; (b) determined the due date on March 27, 2015; (c) 5% per annum of interest for arrears; and (d) drafted a funding contract under which the Defendant would be provided with a security for patent B, C, inventory goods, re-processed goods, etc. owned by the Defendant (hereinafter “the first contract”); and (c) paid KRW 100 million to the Defendant on the same day.
B. On May 29, 2014, the Plaintiff: (a) and the Defendant paid KRW 100 million to the Defendant on November 28, 2015; (b) determined the due date for reimbursement of KRW 6% per annum; and (c) determined a rate of 19% per annum; (b) drafted a funding agreement with the Defendant to provide the Defendant with a security of all the shares delegated by Nonparty D to Nonparty E (hereinafter “the second agreement”); (c) paid KRW 50 million to the Defendant on May 28, 2014; (d) KRW 20 million on June 3, 2014; and (e) KRW 30 million on June 3, 2014, respectively.
C. On June 17, 2014, the Plaintiff drafted a financial support contract with the Defendant and the Defendant on November 17, 2014, setting the due date for payment of KRW 100 million on a yearly basis, 6% per annum of the agreed interest, and 19% per annum of the interest for delay (hereinafter “third party contract”). On June 17, 2014, the Plaintiff paid KRW 30 million per annum of the same month, and KRW 30 million per annum of the same month.
[Ground of recognition] The items of evidence Nos. 1-1, 2, 3, 2, and 3-2, and the purport of the whole pleadings
2. According to the above facts of determination as to the cause of the claim, it is reasonable to view that the money paid by the plaintiff under the above contract is a loan when considering that the payment period, agreed interest, interest for arrears, and security was set for the money paid by the plaintiff in the first, second, and third contracts.
Therefore, with respect to KRW 300 million and KRW 100 million paid under the first contract among the above loans provided by the Defendant, barring any special circumstance to the Plaintiff, 5% per annum from March 28, 2014, which is the due date until March 27, 2015, which is the due date, 19% per annum from the following day to the due date of repayment, and 100 million per annum paid under the second contract.