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Reasons
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(영문) 인천지방법원 2019.02.22 2018가합54742
대여금
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1. The Plaintiff:

A. The Defendants jointly share KRW 51,018,00,000 and the Defendants jointly do so from December 31, 2016 to November 13, 2017.

Reasons

1. Facts of recognition;

A. On July 5, 2016, Defendant B entered into a monetary loan agreement with the Plaintiff as follows, and received KRW 20,000,000 from the Plaintiff on the same day, and Defendant C guaranteed the said loan obligations as follows:

Article 1 (Loan for Consumption) of the Monetary Loan Agreement (Loan for Consumption) The Plaintiff shall lend KRW 20,000,000 to the Defendant B, and the Defendant B shall borrow this.

Article 2 (Interest and Payment Deadline) Interest on the above borrowed money shall be legal interest, and the payment of interest shall be made in a lump sum at the due date.

Article 3 (Period of Repayment) The maturity of the above loan to the plaintiff of defendant B shall be until December 30, 2016.

Article 4 (Place of Performance) The place of Performance shall be the place designated by the plaintiff.

Article 5 (Loss of Benefit of Time) If Defendant B fails to pay interest and principal to the Plaintiff by the due date, the benefit of time shall be lost.

Article 6 (Surety) When Defendant B as a guarantor of Defendant B fails to perform his obligation to the Plaintiff, Defendant C is liable for the performance of his obligation.

Article 7 (Right of Defense of Search) Defendant C waives the right of defense of highest and search.

Article 8 (Penalty) When Defendant C fails to perform the guaranteed obligation within seven days after being notified of the performance of the guaranteed obligation by the Plaintiff, Defendant C shall pay the Plaintiff KRW 60,000,000 as a penalty for breach of contract.

Article 9 (Matters of Special Agreement) The Plaintiff shall be entitled to take over 30% of the total shares of a holding company (tentative name: D) established at the initiative of Defendant C or Defendant C for employment businesses by type of business, including armed forces, from Defendant C at the same time as this contract is entered into.

B. On August 22, 2016, Defendant B entered into a monetary loan agreement with the Plaintiff as follows, and received KRW 30,000,000 from the Plaintiff on the same day, and Defendant C guaranteed the said loan obligations as follows:

The plaintiff under Article 1 (Loan for Consumption) of the Monetary Loan Agreement is the defendant.

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