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1. The Defendant’s KRW 36,00,000 and the annual rate of KRW 5% from February 8, 2018 to April 3, 2018 to the Plaintiff.
Reasons
1. Facts of recognition;
A. C, the Plaintiff’s wife, was registered as the representative director of D Co., Ltd. (hereinafter “instant company”) on July 11, 2017.
Before that, in-house directors of the instant company were the Defendant.
B. C and the Defendant drafted a written agreement on the transfer and acquisition of the instant company on January 5, 2018.
The contents are as follows:
Agreements
1. Upon preparing the written agreement, a certificate of loan shall be prepared in the name of an individual transferee (the defendant; hereinafter the same shall apply) for 36 million won;
2. The transferee shall prepare a loan certificate of 36 million won in the name of the juristic person after the acquisition by transfer of the juristic person;
3. An individual or corporation loan certificate prepared on February 7, 2018 shall be deposited immediately in the aggregate of KRW 72 million.
4. Agreement on joint use of mss for the transferee corporation.
5. The transferor C shall not be liable for any work undertaken during the period of use as a juridical person of C.
C. According to the terms of the above agreement, the Defendant borrowed KRW 36 million from the Plaintiff on January 5, 2018, and the Defendant issued and delivered a loan certificate to the Plaintiff by February 7, 2018.
On January 8, 2018, the Defendant was registered as a representative director of the instant company.
【Ground of recognition】 Evidence Nos. 1, 3, and 4, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition, the Defendant is obligated to pay to the Plaintiff the interest in arrears calculated by the rate of 36 million won per annum under the Civil Act from February 8, 2018 to April 3, 2018, which is the day following the due date for payment, and 5% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
The plaintiff sought the payment of interest in arrears calculated at the rate of 15% per annum from the day following the due date to the day of full payment, but no matter how the parties have agreed on such agreed interest rate.