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1. The Plaintiff:
A. As to the Defendant B’s KRW 10,799,630,297 and KRW 2,800,000,000 among them, Defendant B’s Co., Ltd. shall be governed by Act No. 1506, Jan. 30, 2018.
Reasons
1. Facts of recognition;
A. The defendant corporation B (hereinafter "B") as the party to the lawsuit has been implementing a new construction project of H apartment units (hereinafter "the project in this case") that newly constructs and sells apartment units on the G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G G 49,208 square meters from 2008. The defendant C concurrently owns the shareholders of the defendant B (5% ownership), the representative director, the defendant D, and the F, each of the shareholders of the defendant B (15% ownership by the defendant F, 10%) and the defendant E are shareholders of the defendant B (30% ownership by the defendant F), and the non-party I corporation (hereinafter "I") is the commencement of the project in this case.
B. On June 3, 2008, Defendant B concluded a loan agreement with 16 financial institutions, including J, etc. (hereinafter referred to as “specific financial institutions participating in the loan”), on June 3, 2008, in order to raise funds necessary for the purchase cost of the project site of the instant project and the initial project cost, etc., Defendant B, who signed the loan agreement with the 16 financial institutions, including J, etc. (hereinafter referred to as “the 16 financial institutions”) and appointed the J as an acting bank with the authority to perform all business related to the loan on behalf of the lender (hereinafter “agency”), and entered into the basic agreement on the loan of the H-type public project (hereinafter referred to as “basic agreement on loan”) under the joint and several sureties of Defendant C, D, E, F, and Nonparty I, to implement the loan requested by Defendant B within the limit of the amount of loan agreement stipulated by each financial institution within the limit of KRW 265 billion.
The main contents of the instant loan agreement concerning the instant case are as follows.
Article 3 Interest, overdue interest, and interest rates for loans under paragraph (1) (interest Rate) shall be the case of paragraph (1) of Article 7 of the base interest rate determined on the date of determination of each interest rate.