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1. The Defendant shall pay to the Plaintiff KRW 661,273,261 and the interest rate of KRW 19% per annum from March 29, 2018 to the day of full payment.
Reasons
1. Basic facts
A. On May 17, 2017, the Defendant entered into a management-type land trust agreement with the truster, the Plaintiff, and the Plaintiff Company D (hereinafter “D”) as the trustee in order to promote the new construction and sale of multi-family housing (hereinafter “instant project”).
B. On September 27, 2017, the Defendant obtained a loan of KRW 33.2 billion from E Co., Ltd. and KRW 33.2 billion from F Co., Ltd. (hereinafter “instant loan”), and at the time, the Plaintiff jointly and severally guaranteed the Defendant’s loan obligations.
The main contents of the loan agreement of this case are as follows.
Article 1 (Definitions of Terms)
6. The term " lender" means E company, F company, and its successor who executes loans under this agreement;
9. “Period of loan” means the period from the date of withdrawal to March 28, 2018;
10. The term "the maturity date of loans" means the expiration of the lending period;
III.(Payment of Interest)Interest of Section 1
1. The borrower shall pay to the individual principal interest calculated at the interest rate of 3.30% per annum on the loan by the due date of the payment of interest.
Where the borrower is unable to pay the debt due, the overdue interest under Paragraph 2, the borrower shall pay the overdue interest calculated at 19% per annum.
SECTION 4 (Repayment and Maturity Repayment).1 Unless otherwise specified in this Agreement, the Borrower shall repay the loan in full not later than 16 days prior to the due date of the loan.
C. Around September 28, 2017, the Defendant entrusted the instant project site to D with D, and concluded a real estate security trust contract with the purport that the Plaintiff is the first beneficiary, the Defendant as the beneficiary, and the debtor (hereinafter “instant real estate trust contract”).
The contents of the instant real estate trust agreement relating to the instant case are as follows.
Article 17:Real Estate in Trust.