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1. As to KRW 79,542,657 and KRW 74,431,326 among the Plaintiff, Defendant A shall pay a year from November 6, 2015 to the day of full payment.
Reasons
1. Facts of recognition;
A. On February 12, 2015, the Plaintiff and Defendant A entered into a credit transaction agreement (hereinafter “instant loan agreement”) with a view to: KRW 100 million; KRW 100 million; expiration date of the credit: interest rate and overdue interest rate on February 12, 2016; 24.1% per annum and 34.9% per annum; repayment method: (a) the Plaintiff entered into a credit transaction agreement (hereinafter “instant loan agreement”); and (b) the Plaintiff loaned KRW 100 million to Defendant A on the same day.
B. As Defendant A delayed the repayment of the principal and interest of the instant loan, it lost the benefit of September 12, 2015. As of November 5, 2015, the principal and interest of the instant loan was KRW 79,542,657 (i.e., unpaid principal and interest of KRW 74,431,326, 570,80,524 at interest rate of KRW 1,540,524).
C. Meanwhile, from January 1, 2010 to March 1, 2010, Defendant A operated D with respect to the third floor building located in Seoul Jung-gu, Seoul, and entered into a partnership agreement with Defendant B and D on November 8, 2011 (hereinafter “instant partnership agreement”). The main contents of the instant partnership agreement related to the instant case are as follows.
① The Defendant A’s investment in the capital of Defendant B in the form of a partnership shall be operated in the form of a partnership, and the Defendant A shall exercise the right to operate as a representative operator and pay dividends, etc. to the Defendant B.
② Where the dividend, etc. payable to Defendant A to Defendant B is overdue on at least two occasions, the ownership shares of Defendant A shall be extinguished and deprived, and the ownership shares shall belong to Defendant B.
On August 3, 2015, the Defendants agreed that Defendant A deprived of Defendant A’s share in the instant trade agreement and obtained Defendant B’s operating rights, etc. under the instant trade agreement on the ground that Defendant A violated the instant trade agreement.
[Reasons for Recognition] Class A, Evidence Nos. 1, 2 (including paper numbers), Eul Nos. 1, 2, and 5, the purport of the whole pleadings
2. According to the facts of the above recognition of the claim against Defendant A, Defendant A paid the Plaintiff the principal and interest of the instant loan amounting to KRW 79,542,657, and the principal principal of the loan amounting to KRW 74,431,326, from November 6, 2015.