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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Basic facts
A. On February 22, 2013, the Plaintiff concluded a loan agreement (hereinafter “instant loan agreement”) with the Defendant on February 24, 2014, setting the principal amount of the loan at KRW 20 billion, interest at KRW 7% per annum, and the due date for repayment on February 24, 2014 (12 months from the date of withdrawal) in order to raise funds related to the sale and lease business of the Il-dong Port 869, Dong-gu, Yongsan-gu (hereinafter “instant real estate”).
B. On February 25, 2013, the Defendant deposited the remainder of KRW 19.67 billion in the Plaintiff’s deposit account after deducting the financial intermediary fee of KRW 330 million (including value-added tax of KRW 30 million) from the loans of KRW 20 billion.
C. From March 25, 2013 to March 5, 2014, the Plaintiff paid KRW 21,041,598,695 in total to the Defendant as repayment for the instant loan. Of the above money, the Defendant appropriated KRW 20 billion in principal, the remainder of KRW 1,041,598,695 in interest and overdue interest.
In concluding the instant loan agreement, the Plaintiff and the Defendant agreed as follows:
(see Article 13 of the Loan Agreement No. 1). The following grounds under this Agreement for non-performance of the obligation under section 13(1) shall constitute the grounds for non-performance of obligation:
(1)Each item (5) is omitted. (6) With respect to the property of the borrower or any third party owned by the borrower or the property provided by a third party: (i) the notification of provisional attachment or provisional injunction is sent or made by other means; (ii) the notification of provisional attachment or provisional injunction is not dismissed, dismissed, cancelled or withdrawn by such means as such provisional attachment, provisional injunction or other means; or (ii) the notification of attachment or disposition of arrears is sent or the commencement of compulsory execution or disposition of arrears is made by other means (i) the result of the default of paragraph (2).