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1. The Defendant’s KRW 40,000,000 and the Plaintiff’s annual rate of KRW 5% from February 23, 2018 to April 20, 2018.
Reasons
1. Facts of recognition;
A. The Plaintiff, including the Plaintiff’s status, is the representative director of C (hereinafter “C”).
C is the owner of each building listed in the separate sheet (hereinafter referred to as “instant filling station”).
B. C Co., Ltd. and D’s establishment of a lease agreement and a right to collateral security (1) C is a corporation D (hereinafter “D”).
A) The instant charging station and the land located therein (hereinafter “instant filling station, etc.”)
(2) On July 12, 2010, D leased the instant charging station, etc., and D created additional collateral on the building listed in paragraph (1) of the attached Table, which is the debtor, as to the maximum debt amount of KRW 780 million, and the building listed in paragraph (2) of the attached Table, on October 5, 2010, and on February 9, 2012, C and D set up a lease deposit of KRW 1,20 million with respect to the instant charging station, KRW 1,50 million with respect to the instant charging station, etc. on May 1, 2013, and KRW 1,50 million with respect to the term of lease, from May 1, 2013 to April 30, 2018, and KRW 1,500,000 with respect to the lease deposit of KRW 1,50,000,000 with respect to the instant charging station, etc.
C. On September 21, 2016, the Plaintiff and the Defendant entered into a contract to transfer the Plaintiff’s shares (total number of outstanding shares: 50,000 shares): KRW 250,000 per share (10,000 per share) to KRW 250,000; the Defendant paid the Plaintiff the down payment KRW 100,000 on the date of the said contract. (2) However, on March 21, 2017, the Defendant failed to pay the remainder under the said share transfer contract to the Plaintiff, and the Defendant prepared a written statement including the content that waives all rights under the said share transfer contract to the Plaintiff.
1) On April 28, 2017, the Plaintiff and the Defendant drafted a loan certificate stating that “the Plaintiff borrowed KRW 200 million from the Defendant on September 21, 2016 and would repay until June 30, 2017.” (2) The Plaintiff and the Defendant drafted a creditor on April 28, 2017.