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1. The Plaintiff:
A. As to KRW 37,304,340 and KRW 25,026,82 among them, Defendant A Co., Ltd., from September 16, 2014.
Reasons
1. Determination as to the claim for reimbursement against Defendant A (hereinafter “Defendant Company”) and B
A. (1) On October 12, 2012, the Plaintiff loaned a loan to the Defendant Company at the rate of 2.08% per annum (18% per annum) on October 11, 2013, the expiration date of the extension period of 300 million won ( thereafter, extended to October 10, 2014), the base interest rate of 2.08% per annum, and the compensation for delay.
Defendant B guaranteed the Defendant Company’s above loan obligations within the limit of 36 million won.
(2) The Defendant Company lost the interest of the above loan due to the delinquency of payment of the interest, and as of September 15, 2014, the Defendant Company has the obligation to pay KRW 37,304,340 (i.e., interest of KRW 25,026,82 as of KRW 11,007,817 for delay damages of KRW 99,701).
[Ground] Evidence No. 1 and the purport of the whole pleading
B. As to the Plaintiff, the Defendant Company is obligated to pay 37,304,340 won and 25,026,822 won, delay damages calculated by the rate of 18% per annum under the agreement from September 16, 2014 to the date of full payment, and Defendant B is jointly and severally liable with the Defendant Company to pay 36 million won out of the above money.
2. Determination as to the claim for revocation of fraudulent act against Defendant C
A. (1) Defendant B purchased the instant real estate on April 5, 2013, and completed the registration of ownership transfer on May 3, 2013.
(2) On September 23, 2013, Defendant B borrowed money from Defendant C who is engaged in credit business, and entered into a promise to return the instant real property with the maximum debt amount of KRW 45 million with respect to the instant real property (hereinafter “instant promise”) with Defendant C, and completed the registration of transfer of ownership as the receipt No. 75800 on September 23, 2013 by the Southern District Court (Seoul District Court registry Office).
Since then, Defendant B completed the registration of ownership transfer as the receipt of No. 47135 on June 17, 2014 on the ground of the return of substitute goods by June 17, 2014 to Defendant C.
(3) At the time of the conclusion of the instant reservation, Defendant B was equivalent to approximately KRW 150 million in the market price and the maximum debt amount per 14.4 billion above.