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1. The Defendant’s KRW 48,353,423 as well as 5% per annum from November 8, 2018 to May 15, 2020 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a corporation that mainly carries on real estate sales agency and consulting business; the Defendant is a corporation that mainly carries on housing construction and sales business; and the non-party C corporation (hereinafter “C”) is a corporation that mainly carries on advertising agency and sales business.
B. Around August 2018, D, the actual manager of the Defendant, through Nonparty E, demanded F to lend KRW 1 billion to H, the representative director of the Plaintiff’s company, by the end of August 21, 2018. Around August 2018, D, through Nonparty E, the Defendant, “The instant development project,” the main apartment complex development project (hereinafter “instant development project”). The Defendant, in the process of establishing the right to collateral security in part of the project site and designating C as the sales agency and advertising agency of the main apartment complex, requested F to lend KRW 1 billion to H, who is the representative director of the Plaintiff, by the end of August 24, 2018. On the first day, the first day presented the terms and conditions that the right to collateral security is necessary and possible as the terms and conditions of the relevant development project.
3) On August 24, 2018, H, upon receipt of the foregoing note from F, prepared and transmitted the following loan certificates and draft agreement, on the premise that H lends 500 million won to F along with the Plaintiff and C, to the Defendant (H sent the note over two occasions on August 24, 2019, and the following loan certificates and written agreement are the second of them:
The debtor agrees to lend KRW 500,000 to the creditor for the purpose of paying the balance of the land of the apartment housing project implemented by the debtor in the Daegu-si G G Institute as follows:
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1. Land subject to land: Suwon-gu G, I, J, K, L, M, N,O, P, Q;
2. Loan principal: 500 million won.
3. The debtor will lend a total amount of KRW 500 million on two occasions, and the period is as follows. 2) The first lane on August 24, 2018.