beta
Text
1. Defendant C’s KRW 159,506,166 as well as 5% per annum from March 15, 2010 to September 19, 2014 to the Plaintiff.
Reasons
1. Basic facts
A. The Plaintiff is a company established on March 10, 2006 with the purpose of implementing the real estate PF development project, which is conducted in Kazakhistan D. The Plaintiff’s shareholder held the shares of 44.12% by Defendant B as of December 31, 2007, but as of December 31, 2008, Sambu Co., Ltd., Ltd. (hereinafter “Makbu”) which is the contractor of the above PF development project.
(2) Defendant B held 62.38% and 15.29% shares, respectively, as the Plaintiff’s shareholder, as the Plaintiff’s representative director from March 10, 2006 to December 28, 2007, from April 29, 2008 to March 10, 2009; and from March 29, 2011 to May 7, 2013.
Defendant C is the mother of Defendant B.
B. On October 19, 2006, the Plaintiff borrowed KRW 497,500,000 from Defendant C at the rate of 50% per annum from the date of withdrawal of the loan period. Accordingly, on October 20, 2006, the Plaintiff deposited KRW 497,500,000 in total on four occasions with the Plaintiff’s account under the Plaintiff’s name (i.e., the evidence Nos. 1, 2; hereinafter “instant loan agreement”).
(2) On June 29, 2009, the Plaintiff entered into an agreement to change the repayment date of the instant loan agreement to July 31, 2009, and to lower the interest rate to 40% retroactively from the date of entering into the instant loan agreement.
(A) In order to repay obligations under the instant loan agreement and the modified agreement (hereinafter “instant modification agreement”), the Plaintiff concluded an agreement with Defendant C as the principal amounting to KRW 447,50,000 on June 30, 200, and KRW 70,000,000 on March 10, 2010, KRW 40,000,000 on March 15, 2010, and KRW 50,000,00,000,000 as the principal amount on March 15, 2010 (a total of KRW 563,912,30,000,000 on March 15, 201, and KRW 50,000,000 (hereinafter “the Plaintiff’s PF loan extension contract related to the term extension of the PF loan”) with KRW 11,20,300,000 on March 12, 2010.