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Reasons
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(영문) 서울동부지방법원 2019.06.13 2018가합101398
손해배상(기)
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1. The Plaintiff:

A. Defendant B’s KRW 405,172,563 as well as 12% per annum from April 5, 2019 to June 13, 2019;

Reasons

1. Basic facts

A. On December 10, 2014, the Plaintiff transferred KRW 46,000,000,000 to Defendant B, deducting KRW 46,000 from the prior interest rate of KRW 2% per month and due date of repayment on April 10, 2015.

After July 10, 2015, the Plaintiff and Defendant B agreed to repay the total of KRW 53,000,000 including interest KRW 3,000,000 at the above due date, while extending the due date to July 10, 2015.

B. On July 23, 2015, the Plaintiff loaned KRW 30,000,000 to Defendant B at an interest rate of 1% per month and on November 23, 2015.

Defendant B paid 1,200,000 won to the Plaintiff on the day of the above lending.

C. On February 5, 2016, Defendant B prepared a loan certificate of KRW 270,00,000,000, which was paid by the Plaintiff to Defendant B until then in cash, as well as the above (a) and (b), to the Plaintiff, with the interest rate of KRW 1% per month.

On February 5, 2016, the Plaintiff lent KRW 130,000,00 to Defendant B, C, D, and E at the interest rate of 1% per month.

E. On June 29, 2016, the Plaintiff loaned KRW 50,000,00 to Defendant B at an interest rate of KRW 2% per month and due date of repayment on October 29, 2016.

F. On July 29, 2016, the Plaintiff decided to lend KRW 30,000,000 to the FFF Area Housing Redevelopment Association (K) at the interest rate of KRW 30,000 according to the bank regular deposit interest rate, and the due date for repayment is the time when the contractor is selected, and remitted the said money to the G account in the same day.

Defendant B signed the loan certificate prepared by the above G as the guarantor.

G. On July 2017, the Plaintiff and Defendant B drafted a written agreement on the date of repayment of the borrowed amount as set forth in the following table with respect to the obligations of the borrowed amount as set forth in the above A through B, and Defendant B signed the said agreement as the obligor.

(hereinafter referred to as “Agreement 1”). On June 30, 2016, 270,000,000, 1% of 19,950,000 319,950,000 on the date of payment of the total interest rate on the annual payment date on 270,000,000 on 130,00,000 on 24,70,000,000,00 on 130,00 on 25, 200,00 on 24,70,00,00,000, 154,70,70,700,000 on 30,08. 30,006. 50,000,50,500,500,504,000,50,000,00 on 16, 2017

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