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1. The Defendant’s KRW 200,000,000 as well as the Plaintiff’s annual interest from August 14, 2013 to January 17, 2014, and the following.
Reasons
1. Basic facts
A. On September 7, 2012, the Defendant purchased from C all property rights, including the stocks of D Co., Ltd. owned by C and movable property, real property, and other intellectual property rights owned by the said company, at KRW 500 million, and paid KRW 300 million out of the proceeds of sale to C.
B. On November 9, 2012, the Plaintiff and C drafted a certificate of credit transfer and takeover (Evidence A No. 3) as follows.
The Defendant, indicating the content of confirmation by the Defendant, agreed on the transfer of claim claims to the obligee of the remainder amount of KRW 200 million (200,000,000) that is to be paid to the obligee with the purchase price of “E-Power” and entered into a contract as follows:
1. The debtor must pay the debt to the assignee first, and if the transferor uses or diverts the debt to be received for other purposes, he shall assume any civil or criminal responsibilities.
2.To ensure that this Agreement shall be made sure and to establish it thereafter, each signature and seal shall be kept in one copy.
C. On February 22, 2013, the Plaintiff, the Defendant, and C affixed a seal (C) on the following written agreement (Evidence A2; hereinafter “instant agreement”).
The secured amount of KRW 200 million (200,000,000): The date of repayment: February 11, 2012; the date of repayment: March 31, 2013; the debtor C, as a representative of the construction company that is conducting the construction of the FF power plant, promises to borrow from the creditor the process of advance payment of the construction cost under the premise of the right construction and completion of the construction work at the FF power plant; and to repay the price by the repayment period.
When securing funds through bank loans after the completion of construction, the debtor shall guarantee the right to recover the creditor's proceeds as the top priority, and he/she takes a pledge to reduce the time of repayment by completing bank loans at an early stage.