Text
1. As to KRW 105,445,205 and KRW 58,945,205 among the Plaintiff, the Defendant shall start from June 18, 2012 to December 30, 2019.
Reasons
1. Basic facts
A. The Plaintiff is the representative director of C Co., Ltd. (hereinafter “C”) (hereinafter “Co., Ltd.”) who was changed to “C” on March 13, 2018.
B. C: (a) Without setting the interest rate and due date on May 2, 2012; (b) without setting the period of repayment of KRW 150,000,000 on June 18, 2012, C: (c) with a fixed rate of KRW 18,000 on June 18, 2013; and (d) with a fixed rate of KRW 10,000 on August 4, 2014 without setting the interest rate and due date; and (d) with a fixed rate of KRW 6,50,000 on August 29, 2014 without setting the period of repayment (hereinafter “each of the above loans”). C.
During the period from October 16, 2013 to November 12, 2014, the Plaintiff paid a total of KRW 225 million to the Defendant (i.e., KRW 30 million on October 16, 2013 + ② KRW 20 million on October 17, 2013 + KRW 30 million on December 23, 2013 + + KRW 40 million on December 23, 2013 + ④ KRW 50 million on January 30, 2014 + ⑤ KRW 50 million on October 9, 2014 + KRW 60 million on December 4, 2014 (hereinafter “instant payment”).
On August 24, 2017, the Plaintiff sent to the Defendant a peremptory letter demanding payment of the instant loan by August 29, 2017, and the head of the said peremptory notice reached the Defendant around that time.
E. On September 1, 2020, C transferred the instant loan claim to the Plaintiff and delegated the authority to notify the transfer of the said claim.
On September 4, 2020, the Plaintiff submitted a letter of credit transfer contract (Evidence No. 6) stating the fact of delegation of the authority to transfer and notify the above bonds in the instant lawsuit, and on September 16, 2020, the said contract was served on the Defendant on September 16, 202.
【Fact-finding without dispute over recognition, Gap's entries in Gap's evidence Nos. 3, 5 and 6, and the purport of the whole pleadings
2. Determination on the loan claim of this case
A. According to the above facts in determining the cause of the claim, the Defendant, barring special circumstances, out of the Plaintiff’s loans of KRW 30 million from May 2, 2012 and delayed damages therefrom, and KRW 150 million from the loans of KRW 150 million from June 18, 2012, barring any special circumstance.