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1. The Defendant’s KRW 125,00,000 as well as 5% per annum from October 7, 2016 to January 17, 2018 to the Plaintiff.
Reasons
1. Basic facts
A. The plaintiff is a corporation whose purpose is to improve urban management business.
The defendant is the committee for the promotion of market improvement projects established pursuant to the Special Act on the Development of Traditional Markets and Shopping Districts in order to remove the market buildings on the 623,624 ground in Gangnam-gu, Seoul and implement the market reconstruction project to newly construct the main apartment on the ground (hereinafter referred to as the "instant project").
B. On July 30, 2013, the Plaintiff entered into the instant service agreement with the Defendant (hereinafter “instant service agreement”) and agreed as follows:
(1) The lending period of project funds shall be until the time the project in this case is commenced or the execution company is selected.
(2) The repayment of loans shall be made at once to the principal and interest rate within 14 days from the date the pertinent funds are deposited or the funds are raised by its own funds, and interest rate shall be set at the rate of bank loan interest rate.
(3) The association established by the defendant or the defendant and the plaintiff shall prepare a monetary loan contract for the amount loaned by the plaintiff, and keep one copy of each contract.
C. According to the Plaintiff’s instant service contract for a monetary loan, the Plaintiff concluded a monetary loan agreement (hereinafter “instant monetary loan agreement”) on four occasions as follows, and lent a total of KRW 125,000,000 to the Defendant.
1) The date of loan and the amount of loan ① (1) 40,000,000 won on August 13, 2013 (2) 34,000,000 won on November 27, 2014; ③ 11,000,000 won on February 11, 2015 (4) 40,000,000 won on April 29, 2015) the average interest rate for the credit loan interest rate of a commercial bank: The period for payment 3: The average interest rate for the credit loan interest rate of a commercial bank on April 29, 2015; by selecting the construction works or the event at the time of the instant project, and by raising business funds with the relevant funds or funds therefor, within 14 days.