beta
Text
1. Defendant D shall pay 45,588,118 won to the Plaintiff and 24% per annum from November 3, 2015 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a person who lent money to G agricultural partnership (hereinafter “foreign partnership”), and the non-party corporation is an agricultural partnership established under the Act on Fostering and Supporting Agricultural and Fisheries Business Entities (hereinafter “Agricultural and Fisheries Business Entities Act”). Defendant D is a representative director of the non-party corporation, Defendant B, C, E, and F is a member of the non-party corporation, who is a person serving as a director of the non-party corporation.
B. On May 15, 2015, under Defendant D’s joint and several surety, the Plaintiff leased KRW 60,000,000 to Nonparty corporation at a rate of 24% per annum and delay damages, respectively, and on November 15, 2015 (hereinafter “instant loan”).
C. The Plaintiff received each payment of KRW 1,00,000,000 on June 19, 2015, and KRW 1,000,00 on July 15, 2015 from the Nonparty corporation as the repayment of the instant loan obligation, and appropriated the interest on the instant loan obligation for repayment.
On October 15, 2015, the Plaintiff received a collection order of KRW 11,889,750 in relation to the monetary claims held by a non-party corporation to a third party, and collected KRW 11,889,750, based thereon, and appropriated the interest on the instant monetary claims and the partial principal in repayment of the principal. On November 2, 2015, the Suwon District Court issued a collection order of KRW 2015,215,40 in relation to the monetary claims held by the non-party corporation to collect KRW 7,215,40,00, based on which the Plaintiff collected KRW 7,215,40 in repayment of the interest on the instant monetary claims and the partial principal.
E. After such appropriation, the balance of the instant loan obligation as of November 2, 2015 is KRW 45,58,118 of the principal of the loan.
[Ground for recognition] Defendant D: The remainder of the Defendants’ assertion of confession (Article 150(1) of the Civil Procedure Act)
2. According to the above facts of recognition as to the claim against Defendant D, Defendant D bears the instant loan obligation to the Plaintiff.