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1. The Defendant shall pay to the Plaintiff KRW 200,000,000 and the interest rate of KRW 12% per annum from March 13, 2019 to the date of full payment.
Reasons
1. The parties' assertion
A. On August 26, 2014, the Plaintiff received a request from Plaintiff C, the former representative director of the Defendant, to require money to solve the problem, such as provisional seizure, and lent KRW 30,000 to C’s account in relation to the new construction project that C had been in progress by the former representative director of the Defendant, D.
In addition, while C is expected to take over a new comprehensive construction company and carry out a new construction project, the Plaintiff requested additional loans of KRW 100 million. On June 30, 2015, the Plaintiff agreed to take over all shares of the newly acquired comprehensive construction company by C and E as collateral and additionally lent KRW 100 million.
As the Plaintiff urged to repay C/E or the above money, C prepared a monetary loan agreement of KRW 200 million with the Defendant who was the representative director as the debtor, and E as the joint guarantor on July 13, 2015.
(2) The Defendant is obligated to pay KRW 200 million and delay damages to the Plaintiff pursuant to the monetary loan agreement of this case. The Defendant is obligated to pay the Plaintiff KRW 200 million and its delay damages.
B. The Defendant: (a) concluded the instant monetary loan agreement with the Plaintiff to purchase a F 314 square meters and G road 43 square meters (hereinafter “instant land”); and (b) borrowed KRW 170,000,000 from the Plaintiff on July 21, 2015; and (c) on July 30, 2015, KRW 120,000 from the Plaintiff.
C After purchasing the instant land in its own name, the Daejeon District Court, Seocheon Branch of the Daejeon District Court, Law No. 19679, July 30, 2015, filed for registration of the establishment of a neighboring mortgage on the instant land in order to secure obligations under the monetary loan agreement.
Since then, according to the plaintiff's application for commencement of voluntary auction, an auction on the land of this case was conducted, and the plaintiff received 200 million won in the above auction procedure.
As above, the defendant borrowed only KRW 170 million, not KRW 200 million, from the plaintiff.