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1. As to KRW 1,400,000 and KRW 711,03,668 among the Plaintiff, Defendant B Co., Ltd. shall start from November 2, 2015.
Reasons
1. Facts of recognition;
A. A. A (hereinafter “A”) and Defendant B (hereinafter “Defendant Company”) concluded a credit transaction agreement on April 1, 2009 with the terms of “general loan”, “one billion won”, “one billion won”, “from April 1, 2009 to July 1, 2009”, “12% per annum”, “23% per annum”, and “23% per annum” (hereinafter “the instant credit transaction agreement”) between D and D registered as the representative director under the corporate registry of Defendant Company A and at the same date, limited debt repayment obligations under the said credit transaction agreement of Defendant Company (hereinafter “the instant loan obligation”) to the extent of 1.3 billion won as joint and several surety at the time of the conclusion of the credit transaction agreement (hereinafter “instant loan guarantee agreement”). The instant loan agreement is a guarantee agreement between Defendant D and D’s director at the time of the said agreement.
B. A loaned KRW 1 billion to the Defendant Company in accordance with the instant credit transaction agreement on April 1, 2009. However, the amount of the instant loan was KRW 1,571,585,787 as of November 1, 2015 (the remainder of the principal of the loan was KRW 711,03,668, and the interest accrued on an attempted principal and the interest accrued at a delayed rate of KRW 354,257,187 from September 28, 2012 to November 1, 2015).
C. The instant credit transaction agreement is aimed at raising funds to participate in the auction procedure for real estate rent. The Defendant Company participated in the auction procedure for the said loan and received three parcels of land, such as Mapo-gu Seoul, on April 1, 2009, and thereafter transferred the ownership of the said real estate to F Co., Ltd. (hereinafter “F”) on November 25, 2009.
On the other hand, in the Daejeon District Court Decision 2013Hahap2, the bankruptcy was declared on February 28, 2013, and the plaintiff was appointed as the bankruptcy trustee.
E. Since then D is the party to whom Defendant C entered into a renewal guarantee agreement of this case without legitimate power of attorney.