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1. The Defendant is 34.9% per annum from October 27, 2019 to the date of full payment, which is the Plaintiff’s KRW 1,50,000,000, as well as the interest of KRW 34.9% per annum.
Reasons
1. Facts of recognition;
A. (1) The Plaintiff is a company established on December 31, 2010, and its representative director is C, and C concurrently serves as the representative director of D limited liability company (hereinafter “D”).
(2) The defendant is a company established on June 23, 199, which is promoting the business of constructing and selling a new main complex building in Eunpyeong-gu Seoul Metropolitan Government E members (hereinafter "the business of this case"), and F is the only internal director of the defendant.
B. On July 31, 2015, the Defendant entered into a loan agreement with G Co., Ltd., H Co., Ltd., and I Co., Ltd. to borrow KRW 93 billion from the above Co., Ltd. for the purpose of using the land costs and project costs (including financial expenses) for the instant project and construction costs (hereinafter “the instant PF loan”). The said loan agreement stipulates that “the name of the borrower (the Defendant) or the trust company of all parts of the instant project site, excluding State-owned and public land, shall be completed” as the prior terms of the loan agreement (Article 3(2)(e) of the said loan agreement.
On October 23, 2015, the Plaintiff and the Defendant borrowed KRW 1.5 billion from the Plaintiff (hereinafter “instant loan”) and entered into a monetary consumption loan agreement with the Defendant to provide funds to secure the site for the instant project, and on October 26, 2015, the Defendant received the said KRW 1.5 billion from the Plaintiff on October 26, 2015. The part related to the instant loan agreement is as follows (hereinafter “the instant monetary consumption loan agreement”). The Plaintiff (the Plaintiff; hereinafter “Plaintiff”) and the obligor B (hereinafter “Defendant B”) and the guarantor F (hereinafter “C”) are the holders of credit for the said loan agreement (a letter of certification, and evidence No. 3). The mutual loan agreement between the Plaintiff and the Defendant is concluded as follows:
Article 1 (Terms and Conditions of Borrowing) The principal of the loan shall be the full amount.