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1. The Defendant’s KRW 152,129,769 and the said money to the Plaintiff are 6% per annum from September 27, 2012 to June 11, 2014.
Reasons
1. Determination as to the cause of claim
A. 1) The Plaintiff is a stock company C (hereinafter “C”).
A) A non-registered director was working for the construction business and construction business, business for the establishment and management of the Red Sea Ski ground facilities, and educational business. D is the children of the representative director E of the defendant, who works for the defendant's non-registered director. 2) D loaned money to the plaintiff as the defendant's management status is difficult, and the plaintiff requested the representative director F of C to lend the defendant's business funds. The plaintiff requested C to lend the defendant's business funds to the defendant. If the defendant did not repay the loan, C decided to lend the defendant's business funds to the defendant on the condition that the plaintiff is responsible for all the defendant's loans to C.
3) On August 9, 2011, C entered into a monetary loan agreement with the Defendant to lend KRW 500,000,000 to the Defendant at an annual interest rate of 10% per annum and on June 29, 2012 due date (hereinafter “instant loan agreement”) (hereinafter “instant loan agreement”). The instant monetary loan agreement provides for loans under the instant monetary loan agreement.
(4) On August 9, 2011, C remitted KRW 500,000 to the Defendant’s representative director E account. (4) On August 9, 2011, the Plaintiff agreed with C to assume the responsibility of the Plaintiff and to repay the instant loan to C on behalf of the Defendant, if the principal and interest under the instant monetary loan agreement are not repaid normally between C and C.
(5) On July 30, 2012, the Defendant paid C KRW 280,00,000 out of the principal of the instant loan, and KRW 120,00,000 out of the principal of the instant loan, on September 26, 2012, but C failed to repay the remainder of the principal and interest, etc. (see, e.g., Supreme Court Decisions 20, Sept. 26, 2012; 200,000; 20,000,000,000) requested C to be liable for the Defendant’s obligation to the Plaintiff, and the Plaintiff was liable for the Defendant’s obligation to the Plaintiff.