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1. As to KRW 150,350,169 and KRW 105,860,00 among them, Co., Ltd. shall start from May 12, 2014 to the Plaintiff.
Reasons
1. Facts of recognition;
A. Around 2004, the Selection Co., Ltd (hereinafter “Appointed Co., Ltd”) carried out the business of newly building and selling I commercial buildings (hereinafter “instant commercial buildings”) on the ground, such as Suwon-si, Suwon-si, Suwon-si, and H.
B. On August 19, 2004, Defendant A borrowed KRW 105,860,00 from the Seoul Mutual Savings Bank for the payment of intermediate payment of the sales price at KRW 125,136,98, and KRW 47 of the commercial building at KRW 116,912,918, and KRW 125,136,98, and KRW 48 of the first floor at KRW 125,98 (hereinafter “each sales contract in this case”). On September 1, 2004, Defendant A borrowed KRW 105,860,00 from the Seoul Mutual Savings Bank at KRW 23% per annum (hereinafter “the loans in this case”), Defendant B and the designated parties (hereinafter “Defendant”) (the designated parties, Defendant D, EF, and G officers of the company) at the time of the repayment of the intermediate payment, and Defendant B and the designated parties were to bear the interest on the intermediate payment.
C. On April 17, 2007, the designated company cancelled each of the instant sales contracts with Defendant A, and paid interest accrued therefrom by extending the maturity of the instant loan by six consecutive months in consultation with the Seoul Mutual Savings Bank. Seoul Mutual Savings Bank refused the extension on February 1, 2010, thereby terminating the lending term and demanding the repayment of principal and interest.
Accordingly, the balance of loans to be refunded is KRW 105,860,00 as of May 11, 2014, and damages for delay is KRW 44,490,169, and KRW 150,350,169.
Seoul Mutual Savings Bank was declared bankrupt on September 26, 2013 and the plaintiff was appointed as a trustee in bankruptcy.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 8, Gap evidence 9-1 through 5, Eul evidence 1 and 2-3, Eul evidence 2-1 through 3, and the purport of whole pleadings and arguments
2. Determination as to the claims for loans to the Defendants and the designated parties
A. The Defendants and the designated parties each of the instant cases.