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1. Defendant B’s KRW 34,00,000 and the Plaintiff’s annual rate of KRW 5% from July 18, 2014 to November 12, 2019.
Reasons
1. Basic facts
A. Defendant B is the actual operator of the “E Council members and Franchis Partnership” (hereinafter “instant Council members”) located on the level D, 2, and 3th floor in the Jeonju-si.
Defendant C is the business owner of the instant member’s business registration with children of Defendant B.
B. Upon Defendant B’s request, the Plaintiff carried out the Human Resources Corporation (hereinafter “instant construction”) from April 2012 to August 2012.
C. On July 31, 2012, the Plaintiff transferred KRW 34 million to Defendant C’s account. D.
On October 30, 2013, the Plaintiff: (a) as an agent of the Plaintiff and the obligor, a notary public appointed the Plaintiff and the obligor as the Plaintiff and the obligor as the Defendant C; (b) as the agent of the obligee and the obligor, the Plaintiff: (c) borrowed KRW 65 million from the Plaintiff on October 29, 2013 at the due date set at 15% per annum; (d) transferred the ownership of the goods listed in the attached list owned by the Defendant C (hereinafter “instant facilities”) to the Plaintiff by means of an amendment to possession for the purpose of securing the performance of the said obligation; and (d) if the Defendant C fails to perform a pecuniary obligation under this contract, he/she immediately entrusted the Plaintiff with the preparation of a notarial deed of money loan contract for security by means of transfer; (c) as the same date, the notary public drafted the said notarial deed (hereinafter “notarial deed”).
[Post-2] On December 2, 2013, the Ministry of Justice issued an order to transfer notarial documents (merger) to a law firm H, the documents of G were handed over to a law firm H. On the basis of the instant notarial deed, the Plaintiff tried to enforce compulsory execution on July 17, 2014.
E. Meanwhile, Defendant B provided the Plaintiff with the instant facility established in the instant Assembly member as collateral for the instant construction cost of KRW 65 million borrowed by Defendant B from the Plaintiff as the name of the instant construction cost, etc., and Defendant C’s certificate of seal impression and power of attorney to the Plaintiff.