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1. The plaintiff's primary and conjunctive claims are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
Basic Facts
C Co., Ltd. (hereinafter collectively referred to as “Plaintiff”) entered into a monetary loan agreement with the Defendant on March 24, 2011, stipulating that KRW 1 billion as of June 23, 2011 due date, interest rate of KRW 8.5% per annum, interest rate of KRW 20% per annum, and overdue interest of KRW 1.5 billion as of April 1, 201, and entered into a monetary loan agreement with the Defendant on June 30, 201, setting the due date of repayment of KRW 8.5% per annum, interest rate of KRW 8.5% per annum, and overdue interest of KRW 20% per annum.
(1) The term “the instant loan agreement” refers to “the instant loan agreement” and “the instant loan agreement” collectively, and the said loan is “the instant loan”). Since then, the term of repayment of the instant loan was extended several times, and the final maturity of repayment was February 29, 2012, when the loan was due on January 31, 2012.
Of the instant loans from the Defendant, the Plaintiff received a total of KRW 1,432,394,013, interest KRW 29,726,027 (from March 1, 2012 to July 2, 2012) KRW 1,462,120,040, and KRW 300,369,238, interest KRW 6,142,390 (from July 31, 2012 to August 31, 2012) from the Defendant respectively.
[Grounds for recognition] In the absence of dispute, Gap evidence Nos. 1, 2, 3, 5, and 6 (including each number; hereinafter the same shall apply), Eul evidence Nos. 8, and Eul evidence Nos. 767,236,749 won (=2.5 billion won - 1,432,394,013 - 300,369,238 won), interest 8,975,619 won totaling 776,212,368 won, and delay damages.
As to this, the defendant asserts that since D Co., Ltd. (hereinafter "D") as an affiliated company of the defendant concluded each of the instant monetary loan agreements to secure 2.5 billion won from the former representative director E to F Co., Ltd. (hereinafter "F"), to secure 2.5 billion won, D Co., Ltd. (hereinafter "D") cannot respond to the plaintiff's claim before D is paid KRW 2.5 billion from F.
Judgment
(b) recognition.