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1. The Defendant: (a) KRW 52,050,000 for the Plaintiff and the Plaintiff’s annual rate from January 30, 2013 to June 27, 2014; and (b) June 28, 2014.
Reasons
Basic Facts
A. C Co., Ltd. (hereinafter “C”) is a corporation established for the purpose of developing overseas resources on September 3, 2008, and the Plaintiff, the Defendant, D, E, and F are shareholders of C.
B. On March 10, 2009, C borrowed KRW 240,00,00 from C&C Co., Ltd. (hereinafter “C&D”) with the due date for payment as “within three months after borrowing” and “5% per month of the interest rate” (hereinafter “the first loan agreement”), and the Plaintiff, Defendant, D, E, and F entered into a joint and several guarantee agreement on the same day (hereinafter “the first guarantee agreement”), and on the same day C&D transferred KRW 240,000,000 to the account in the name of C.
C. In addition, C borrowed KRW 200,000,00 from D on March 10, 2009 as “within three months after the date of repayment” and “five percent per month of interest rate” (hereinafter “second loan agreement”), the Plaintiff, Defendant, E, and F entered into a joint and several guarantee agreement on the same day (hereinafter “second guarantee agreement”), and on the same day D transferred KRW 200,000,000 to the account in the name of C.
After that, C&D and D filed a lawsuit against the Plaintiff. On March 8, 2010, conciliation was concluded to pay KRW 160,600,000 to C&D respectively with respect to the payment of deposits under the first and second guarantee contracts between the Plaintiff, D, and C&D (hereinafter referred to as the “instant two guarantee contracts”) and the second guarantee contracts (hereinafter referred to as the “instant guarantee contracts”).
("Mediation of this case"). (e) The mediation of this case
Paragraph 3 of the instant conciliation protocol states that the Plaintiff waives each right to indemnity against D and E under the instant conciliation agreement.
F. On March 2010, in order to perform the obligations arising from the instant conciliation, the Plaintiff is Chovadi in part of the compensation for the Plaintiff’s land located in the Yang-si, Kimpo-si.