beta
Text
1. The Defendant’s KRW 50 million to the Plaintiff, as well as 5% per annum from July 20, 2015 to December 22, 2016.
Reasons
1. The fact that the plaintiff lent 100 million won to the defendant who is the original student of an elementary school on April 17, 2008, because there is no dispute between the parties, the defendant is liable to pay the above 100 million won and the delay damages to the plaintiff.
2. Judgment on the defendant's defense
A. The Defendant asserted that the Plaintiff exempted the Defendant from the obligation to borrow loans of KRW 100 million on August 16, 2011.
B. (1) The Plaintiff, on February 11, 201, decided to terminate the obligation and obligation of the instant loan of KRW 100 million in return for the Plaintiff’s acquisition of 3% shares in C from the Defendant on February 11, 201. However, if the instant loan is defaulted within one year, the Defendant decided to repay the said loan to the Plaintiff within 100 million won.
(A) (No. 2) However, when the financial standing of the Company C is anticipated to become virtually insolvent due to its aggravation, the Plaintiff agreed on August 13, 201 with D’s shareholder E, etc. to acquire 30% of the shares of the Company D, and on August 16, 2011, between the Defendant and the Defendant, the Plaintiff transferred 3% of the shares of the Company C to the Plaintiff, on behalf of the Defendant, on behalf of the Defendant, on August 16, 2011, (i) the Defendant transferred 3% of the shares of the Company C, and (ii) the Defendant had assisted the Plaintiff to acquire the shares of the said D by acquiring E, who is a shareholder of D, and had been able to make an investment of the Company C through this, and the Plaintiff did not demand the Defendant to return the loans of 100 million won. However, the Plaintiff requested the Defendant to be paid the loans from D only five million won among the above 100 million won.
(3) However, the Plaintiff sought payment of KRW 50 million among the instant 100 million to D Co., Ltd., and D bears all the obligations to the Defendant.