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1. The Defendant’s KRW 14,186,854 as well as the Plaintiff’s annual rate of KRW 6% from September 29, 2017 to December 7, 2018.
Reasons
1. Basic facts
가. 원고는 토목건축공사업 등을 영위하는 주식회사이고, 피고는 가구판매업 및 부동산 임대, 분양업 등을 영위하는 주식회사이다.
B. On June 24, 2014, the truster and beneficiary, the trustee Co., Ltd. (hereinafter “non-party company”), and the Plaintiff of the Si Construction Co., Ltd concluded a land trust agreement with the content of a development project to newly construct and sell an officetel of 20 stories above ground (hereinafter “the instant officetel”) after removing the existing three-story household sales store on the land of the Nam-gu Seoul Metropolitan City, Ulsan-gu and 12434.2 square meters and E large 1102 square meters (hereinafter “instant project site”) owned by the Defendant.
C. Based on the foregoing business agreement, the Defendant concluded a trust agreement with the non-party company on June 24, 2014, and completed the registration of ownership transfer due to trust with the non-party company as truster and beneficiary status. On September 29, 2014, the non-party company entered into a construction contract for the construction of the instant officetel with the non-party company as the contractor status.
On June 24, 2014, the Plaintiff entered into a monetary loan agreement with the Defendant (hereinafter “instant loan agreement”) with the following terms and conditions, and was granted a pledge on the Defendant’s preferential right to benefit held by the Nonparty in relation to the instant business, while lending KRW 4,200,000 to the Defendant (hereinafter “instant loan”).
Article 1 (Agreement on Loans) The Plaintiff, on June 24, 2014, lent KRW 4,200,000 to the Defendant on the pretext of the repayment of financial right loans and the payment of expenses for business suspension in lieu of the above business site in relation to the construction of an officetel in the instant project site, and the Defendant will borrow this.
Article 2 (Repayment Period) The due date for repayment of the defendant's obligation to return the borrowed money shall be the date which comes first between the following subparagraphs:
1. The completion date of the instant officetels: February 28, 2017.