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1. The Defendant shall pay to the Plaintiff the full amount of KRW 823,435,350 and KRW 497,236,757, out of the above amount.
Reasons
1. Basic facts
A. On November 3, 2011, the Plaintiff entered into a B2B lending Internet agreement between the Defendant and the Defendant on security of the Defendant’s claim for goods payment against the Defendant’s Pung Forest Industry Co., Ltd. (hereinafter “Pung Industry”). On October 26, 2012, the Plaintiff entered into an additional agreement to increase the loans of KRW 100,000,000 on February 13, 201.
B. The Plaintiff loaned a total of KRW 700,000 to the Defendant. On May 14, 2014, the Defendant repaid the Plaintiff the principal amount of KRW 3,00,000,000 and the legal procedural costs of KRW 549,800, and the principal amount of KRW 2,00,000 on June 30, 2014. The Plaintiff collected KRW 17,750 from the principal amount of the refund for service charges refunded by the court. Since the Defendant lost the due interest, the Plaintiff’s claim against the Defendant on September 8, 2015 is as follows, and the subsequent interest rate of delay damages is 15% per annum.
The principal and interest of 694,944,310 won, 334,618,610 won, 1,029,562,920 won, including principal and interest;
C. On May 10, 2012, Pung Forest Industry filed an application for rehabilitation and was subject to a decision of commencement of rehabilitation on May 10, 2012. As of May 10, 2012, the Plaintiff reported the principal and interest of B2B loans to the Defendant (principal principal KRW 69,962,060 and interest KRW 8,420,017) as rehabilitation claims, and on September 25, 2012, the principal and interest of BB loans to the Defendant were converted into equity and 76% of the interest prior to commencement of rehabilitation plans were converted into equity and 24% was paid in cash for four years.
36,115,872 won (i.e., KRW 10,768 x 3,354) recognized as having been repaid by the Plaintiff due to the debt-equity swap as above, and KRW 170,01,698 in cash, and KRW 206,127,570 in total (i.e., principal amount of KRW 197,707,553 in interest of KRW 8,420,017) are recognized as having been repaid.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 6, purport of whole pleadings
2. According to the facts of the above recognition, the defendant paid 823,435,350 won (=1,029,562,920 won - 206,127,570 won) and 497,236,757 won (=694,944,310 won - 197,707,553 won) out of the above amount, 15% per annum from September 9, 2015 to the date of complete payment.