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1. The Defendant’s KRW 120,007,063 as well as the Plaintiff’s annual rate of 6% from February 1, 2019 to July 2, 2020.
Reasons
1. Basic facts
A. The plaintiff is a company with the main purpose of academic research service business, and the defendant is a company with the main purpose of traditional funeral manufacturing business.
B. C, a director of the Plaintiff’s in-house director C, a director of the Plaintiff’s in-house director C, lent KRW 518,350,208 in total by way of remitting money to the Defendant or subrogated for the Defendant’s obligation, as indicated in the “a loan amount recognized” column in attached Table 1 from October 22, 2015 to May 31, 2016.
The plaintiff asserts that the amount lent to the defendant reaches KRW 544,870,558, as stated in the attached Table 1's "loan on the plaintiff's argument" column, but the following subparagraph 2 is followed.
A. 2) As seen in paragraph (c), the Plaintiff’s assertion that exceeds the above recognition scope is without merit.
c. The Defendant agreed on December 22, 2015 between the Plaintiff and C’s acquisition details of collateral (related to the claim stated in the attached Table 1) and the Plaintiff on December 22, 2015, with respect to the real estate listed in the attached Table 2, owned by the Defendant, for the purpose of securing the monetary obligation against C, to set up a right to lease on a deposit basis against the Plaintiff.
Accordingly, on January 20, 2016, the Defendant completed the registration of establishment of chonsegwon (hereinafter “registration of establishment of chonsegwon”) from October 22, 2015 to October 22, 2018 with respect to the said real estate by the Plaintiff on January 20, 2016.
2) On February 24, 2016, D (E of the present representative E of the Defendant) agreed to provide real estate listed in the attached Table 3 attached to D as a physical collateral for the Defendant’s monetary obligation to C. On February 25, 2016, D completed the registration of transfer for the purpose of transfer to C with respect to the said real estate. D. D. Around February 25, 2016, C’s loan of KRW 240,360,00 (attached Table 1 No. 19), and an agreement on the establishment of a security right, C, F, and the Defendant around February 2016, 2019 as indicated in attached Table 1.