Text
1. The Defendant’s KRW 235,00,000 as well as 5% per annum from April 17, 201 to February 14, 2017 to the Plaintiff.
Reasons
1. Comprehensively taking account of the overall purport of Gap evidence Nos. 1-1 through 3, 2, Eul's evidence Nos. 4 through 6 and arguments as to the cause of the claim, C Co., Ltd. (hereinafter "C") borrowed KRW 500 million from the plaintiff (former company: D) on April 16, 2010, and the plaintiff borrowed KRW 100 million from the plaintiff (former company: hereinafter "former company") on April 16, 201, "the amount of KRW 500 million out of the borrowed money shall be repaid on April 30, 201, and from May 16, 201 to April 16, 201, the amount of principal and interest KRW 25 million (the principal and interest KRW 15 million, interest KRW 15 million, interest KRW 1,1000,000) shall be equally divided and repaid, and the defendant shall prepare the loan debt No. 200,000,00 won (hereinafter "the debt of this case").
According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff a total of KRW 500 million with the principal of the loan and interest KRW 120 million with the loan borrowed as joint and several surety ( KRW 10 million each month from May 16, 2010 to April 16, 201) and damages for delay.
2. Judgment on the defendant's assertion
A. The defendant's assertion that the loan claim of this case was not established is that C only prepared the loan certificate of this case by coercion of the plaintiff, and it did not actually borrow KRW 500 million from the plaintiff, but there is no evidence to acknowledge it, and the defendant's argument cannot be accepted.
In addition, the Defendant asserts that the Plaintiff’s purchase price to be paid to C by purchasing a branch of C on March 10, 2010 is KRW 1,740,984,360. The Plaintiff’s payment to C from March 10, 2010 to April 2010 is 585,850,000, and the Plaintiff’s payment to C is likely to include the above purchase price among the above KRW 585,850,00 paid to C. However, the evidence presented by the Defendant alone is out of the above KRW 585,850,00 paid to C.