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1. As to KRW 115,192,901 and KRW 110,00,00 among the Plaintiff, the Defendant shall annually pay to the Plaintiff KRW 6,00 from May 1, 2014 to June 3, 2014.
Reasons
1. Basic facts
A. Before the declaration of bankruptcy, A Co., Ltd. (hereinafter “A”) loaned KRW 100 million to the Defendant, who worked as the vice president of A on May 25, 2012, at the rate of KRW 6.9% per annum on May 24, 2013, and thereafter, on May 25, 2013, the repayment period was extended on May 24, 2014, when the loan was increased to KRW 110,00,000 and the repayment period was extended to May 24, 2014.
(hereinafter “instant loan”). (b)
The Defendant withdrawn from A on April 30, 2014, and A was paid KRW 3,418,544 out of interest on the instant loan until April 30, 2014. As of April 30, 2014, the Defendant was paid KRW 115,192,901 (= Principal KRW 110,000,000 and KRW 5,192,901).
C. On February 16, 2015, A was declared bankrupt by Seoul Central District Court 2015Hahap10010, and the Plaintiff was appointed as a trustee in bankruptcy on the same day and taken over the instant lawsuit.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, the defendant is obligated to pay to the plaintiff 115,192,901 won and 110,000,000 won among them, with the agreed interest rate of 6.9% per annum from May 1, 2014 to June 3, 2014, which is the delivery date of the original copy of the instant payment order, and with 20% per annum from the next day to the date of full payment.
3. Judgment on the defendant's assertion of set-off
A. The Defendant’s assertion (1) A entered into a financial consultation agreement with the EP Development Corporation (hereinafter “ES”) on March 29, 2012, and received KRW 230,000,000 from the said development corporation on April 12, 2012.
(2) However, on May 3, 2012, APS notified the Plaintiff of the termination of the pertinent financial advisory agreement, and requested the Plaintiff to return KRW 230,000,000 deposited.
(3) A and its management officers are from the Plaintiff to the Defendant, who was the head of the pertinent business headquarters, and C, who was an executive officer in charge, to escape the enemy.