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1. The Defendant’s KRW 154,00,000 for the Plaintiff and 5% per annum from January 23, 2014 to February 24, 2014.
Reasons
1. Facts of recognition;
A. C Co., Ltd. (hereinafter “C”) (hereinafter “C”) was established around October 2010 for the removal and reconstruction of the G hotel located in Busan Shipping Daegu (hereinafter “G hotel”) that is owned by D (the representative E was appointed on December 28, 2007 and resigned on February 16, 2012).
On February 23, 2011, the Plaintiff was appointed as the representative director of C and was dismissed on June 27, 201. H was appointed as the representative director of C on June 27, 201 and was dismissed on July 4, 2012, and I was appointed as the representative director of C on July 17, 2012, and the Defendant was appointed as the inside director of C on July 17, 2012.
B. On March 21, 2011, the Defendant entered into a removal service contract with C to receive an order for the removal service of G hotel, and paid KRW 500 million to C with a performance bond.
On March 24, 2011, the Plaintiff set up a right to collateral security against the fourth floor on the ground Jan-si District as security for the repayment of the performance bond for the removal service (hereinafter “J building”) with respect to the maximum debt amount of KRW 500 million, the debtor, the debtor, and the mortgagee as the defendant.
C. From April 12, 201 to May 6, 2011, the Defendant additionally paid KRW 1.1 billion to C as a performance guarantee for removal services.
C When C additionally requires the Defendant to pay the warranty bond for the removal service, the Defendant borrowed 500 million won from K (hereinafter “the instant loan”). On December 20, 201, the borrower borrowed 500 million won from K (hereinafter “the instant loan”) with the Defendant and the guarantor as the Plaintiff, and prepared a cash car certificate with the following contents:
The defendant confirms that the above sum of KRW 500 million has been borrowed to K on the following terms of cash:
- Terms and conditions of borrowing -
1. As a security for the above borrowed money, the defendant will offer the bond maximum amount to 15 N apartment 15 Dong 308 (owner plaintiff) located in Seoul Special Metropolitan City, Nowon-gu, to set up a collateral security amount of KRW 600 million which is 120% of the borrowed money.
2. In addition to the principal of the above loans, the defendant shall pay K a minimum of 400 million won to K and Busan.