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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 11,747,660,266 as well as the interest rate from January 11, 2018 to the date of full payment.
Reasons
1. Basic facts
A. On April 9, 2012, the Plaintiff entered into a contract with Defendant B limited liability company (hereinafter “Defendant limited liability company”), Defendant C (hereinafter “Defendant Energy Company”), and D (hereinafter “Defendant D”), under which the Plaintiff would lend KRW 10,500,000 to the Defendant limited liability company, and the Defendant Energy Company and D would provide joint and several liability obligations for the Plaintiff’s loans to the Defendant limited liability company (hereinafter “instant contract”). On the following day, the Plaintiff deposited KRW 10,500,000 of the loan principal at KRW 10,500,000 and KRW 976,50,500,000 of the loan principal, and KRW 9,523,500,000 of the loan fee, in accordance with Article 5 of the instant contract.
The Borrower will take a loan from the lender to raise funds necessary for the Project with respect to the construction of solar power plants of the size of 2.94M in the Italian E area.
On the other hand, the lender plans to issue corporate commercial paper on the basis of loans against the borrower and personal and non-performing security to secure them and other rights incidental thereto, and to pay the principal and interest of corporate commercial paper with profits from managing, operating and disposing of underlying assets.
Article 2 (Definitions of Terms)
8. The term "loan maturity" means the date on which a borrower has to repay a loan, and four years have elapsed since the date when the loan is performed.
9. The term "implementation date of loan" means the date set by an agreement between the borrower and the lender on April 9, 2012 or on the date on which a loan is executed pursuant to Article 5;
Article 3 (Agreement on Loan) Pursuant to this Agreement, the lender will lend a loan of KRW 00 billion as a loan agreement on the date on which the loan is executed.
The loans under Article 4 (Purpose of Loans) The designs, construction, etc. of main facilities, such as solar power generation facilities.