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1. Defendant B shall pay to the Plaintiff KRW 101,514,575 and the interest rate of KRW 15% per annum from March 19, 2014 to the date of full payment.
Reasons
1. Facts of recognition;
A. The Plaintiff Company is a legal entity that runs the wholesale and retail business of electrical materials, and Defendant B is a person who runs the wholesale and retail business of electrical materials after registering as an individual entrepreneur on September 1, 201 with the trade name D, and Defendant C is the wife of Defendant B.
B. On December 30, 2010, the Defendants entered into a loan agreement with the Plaintiff Company as to KRW 500,000,000 at an annual interest rate of 4.8% per annum, and on December 31, 2015 (hereinafter “instant loan agreement”), and the key contents are as follows.
The plaintiff company, Eul: the plaintiff company, and the defendants Gap: the defendants Eul:
1. To borrow KRW 500,000,000 from January 1, 201, and to borrow KRW 400,000,000 from December 30, 201 to December 30, 201, the remainder of KRW 100,000 from March 30, 201, respectively.
2. To pay 2,00,000 won as interest on a loan borrowed from February 10, 201 to the tenth day of each month until December 31, 2015, the due date for repayment.
3. By March 31, 201, A shall pay 15% of A’s equity interest as security of the borrowed amount.
4. On December 31, 2015, repayment of KRW 700,000,000 plus KRW 200,000,000,000 of the borrowed principal and the equity value of the borrowed principal shall be made, and Party B shall refund 15% of the equity interest to Party A.
C. Defendant B received interest of KRW 2,00,000 per month from the Plaintiff Company until December 2012, but the payment of interest was suspended thereafter, Defendant B demanded collateral for loan claims. On January 16, 2013, Defendant C, the Plaintiff Company, in the name of the Plaintiff Company, completed the registration of the establishment of the establishment of the maximum debt amount of KRW 500,000,000 with January 16, 2013 as to the building of KRW 2,688.4 square meters, and the building of KRW 2,00,000, the maximum debt amount of KRW 330,000,00.
On January 22, 2014, the Plaintiff Company paid KRW 500,000,000 to Defendant B, and the same day.
The registration of the establishment of a nearby port was cancelled.
E. The Plaintiff Company engaged in the transaction of electrical materials between the Plaintiff Company and D shall provide electrical materials to D operated by Defendant B from April 3, 2012 to January 28, 2013.