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1. As to KRW 490,609,595 and KRW 435,00,000 among the Plaintiff, Defendant A’s year from January 4, 2017 to March 3, 2017.
Reasons
1. Facts of recognition;
A. Legal relations1 between the Plaintiff and the Defendant A) The Plaintiff is D Co., Ltd. (hereinafter “Nonindicted Company”) on August 13, 2015.
(2) On September 20, 2018, the expiration date of the loan period of KRW 500 million, the interest rate MOR financial bonds + 3.21% (three-month floating rate), 7% per annum, or 8% per annum. At the time, Defendant A, the representative director of the non-party company, as the representative director of the non-party company, jointly and severally guaranteed the non-party company’s obligation to pay the loan to the non-party company (limited collateral guarantee of KRW 60 million). In addition, the non-party company’s obligation to pay the loan to the plaintiff was also a joint and severally guaranteed guarantee (limited collateral guarantee of KRW 60 million). 2) The non-party company lost the interest payment of the above loan on November 21, 2016, and did not pay the credit card payment from November 22, 2016.
In addition, on November 23, 2016, Nonparty Company filed an application for commencing rehabilitation procedures and began rehabilitation procedures on December 8, 2016.
(3) As of January 4, 2017, Nonparty Company’s principal and interest of Nonparty Company’s loan amounting to KRW 441,674,206 (in total, KRW 435,00,000 + interest and delay delay delay damages + KRW 6,674,206). Credit card payments amounting to KRW 48,935,389 ( + principal amount + KRW 48,385,804 + KRW 549,585,05). The interest rate on the above loan was 11.82% per annum, and overdue interest rate on credit card payments is 23% per annum. (b) As of the circumstances surrounding the conclusion of a sales contract between the Defendants, etc., the Defendant Company A, who was in excess of the obligation under the status of the contract, such as the sales contract, was owned by Defendant C, etc. (hereinafter “Defendant C, etc.”).
2) As seen above, each sales contract and sales contract (hereinafter collectively referred to as “instant sales contract”) with the following terms:
(1) On April 7, 2016, the purchase price of the real estate No. 1 and the real estate No. 31 was KRW 660 million.