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1. Defendant B Co., Ltd. shall pay 250,000,000 won to the Plaintiff and 20% per annum from April 26, 2013 to the date of full payment.
Reasons
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company established for construction and housing projects. Defendant C is the representative director of the Defendant Company, and the Plaintiff became aware of the Defendant Company by being sold neighborhood living facilities among the fourth-story buildings in the Gunsan City D newly built by the Defendant Company around November 201.
B. From October 201, Defendant Company promoted the construction project of 120 households of urban-type residential housing and officetel 120 households (hereinafter “instant project”).
C. On February 9, 2012, the Plaintiff prepared a loan certificate with the following content with the Defendant Company, and transferred the amount of KRW 100 million to the Defendant Company’s account on the same day (hereinafter “instant loan”).
The next certificate of use;
1. The Plaintiff is to borrow KRW 100 million from the Defendant Company.
In February 9, 2012, the defendant company account (Seoul bank G) will be deposited into the defendant company account.
2. The Defendant Company shall set interest on the Plaintiff at 36% per annum (3 million won per month interest) and shall pay interest on the nine day per month.
3. The date of the repayment agreement shall be determined on May 9, 2012 (three months), and the extension of the loan period thereafter may be adjusted in consultation with each other.
C. On May 17, 2012, the Plaintiff drafted an agreement with the Defendant Company on the following terms (hereinafter “instant agreement”), and transferred KRW 150 million to the Defendant Company’s account on the same day.
D. Title 1: 108 of the first floor of the facility near the Flux in the Kunsan City (pre-determined; hereinafter referred to as the “instant real estate”).
1. On May 17, 2012, the Plaintiff deposited KRW 150,000,000,000 in the Defendant Company’s account (Seoul Bank G) with the amount agreed upon in advance reservation.
2. The Defendant Company shall pay to the Plaintiff the above KRW 150,000 per annum interest of 36% per annum for the above KRW 150,000 by the number of days and shall apply the discount rate for Article 3 after the general sale date.
3. The defendant company shall sell to the plaintiff in general.