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1. The Defendant shall pay to the Plaintiff KRW 40,00,000 and the interest rate of KRW 15% per annum from August 17, 2016 to the day of complete payment.
Reasons
1. Basic facts
A. H Co., Ltd. (hereinafter “Nonindicted Co., Ltd.”) was established to undertake a reconstruction project for G A, B, C, and D, and F in light of the name of light, in order to undertake a reconstruction project for D, D, E, and D.
The Plaintiff lent funds related to the above reconstruction project to the non-party company, and provisionally attached J apartment 302 to the non-party company's representative director of the non-party company I, the non-party company's representative director of the non-party company.
B. Since then, as a company substantially operated by K, M Co., Ltd. (Registration No. N. hereinafter “former B”) registered as the representative director was to promote the said reconstruction project.
Accordingly, on March 15, 2014, the former B entered into a contract for construction works with B corporation of the same trade name with the representative director of theO, jointly with D, E, G, and D, nine residents of the Gu (hereinafter “the first reconstruction project”).
C. On May 22, 2014, the former B prepared an agreement with the Plaintiff stating that “40 million won shall be repaid on behalf of the non-party company, and KRW 20 million among them shall be paid in moving expenses of the union members when operating the reconstruction project of light C and F, the remainder of KRW 20 million shall be paid after the completion of removal,” and K affixed its seal on the said agreement as a joint guarantor.
(hereinafter “instant agreement”). Since then, the Plaintiff rescinded the said provisional seizure. D.
The former changed the trade name on November 25, 2015 to P Co., Ltd., and the defendant's trade name was changed from Q Co., Ltd to M Co. (Registration Number R) on the same day.
E. Since then M Co., Ltd (Representative: L, head office: Gwanak-gu in Seoul Special Metropolitan City), C, F GGa and 20 residents of Dong-dong on January 5, 2016.
A) The contract for construction works was concluded, and thereafter the said G A and B consent was completed before the instant lawsuit was filed. [The facts that there is no dispute over the grounds for recognition, and Nos. 1, 2, 4 through 5.]