beta
Text
1. The Defendants shall jointly and severally serve as KRW 355,00,000 on the Plaintiff and as a result, from October 22, 2012 to February 17, 2015.
Reasons
1. Basic facts
A. On October 2012, the Defendants: (a) borrowed funds necessary for corporate mergers and acquisitions to F; (b) requested F to do so; and (c) requested F to the Plaintiff to lend the business funds to the Defendants.
Loan money: Doz. Doz.
1. The debtor shall make repayment to the creditor in lump sum on the date three months have elapsed from the date of borrowing the principal, and the interest on the principal, to the creditor.
2. The debtor shall use the borrowed amount as funds for acquiring management rights of the listed company.
Plaintiff Defendant 1
B. On October 19, 2012, the Defendants prepared and delivered a loan certificate with the following contents (hereinafter “the loan certificate of this case”) to F. At the same time, the term “user” and “interest on principal and principal” were the respective blanks.
C. On October 22, 2012, the Plaintiff took out a loan of KRW 1.1 billion from 1.1 billion in the name of G Co., Ltd., one’s representative director, and remitted KRW 627,003,434 among them to F, and F remitted the amount of KRW 440 million among them to the Defendants, and the remainder of KRW 180,033,434 to the Defendants.
F On October 23, 2012, on the following occasions, on October 23, 2012, the F indicated “The Loan Fee” column, “670 million won” and “interest on the Principal and Principal,” respectively, and delivered it to A.
E. From May 10, 2013 to July 5, 2013, the Defendants wired F amounting to KRW 85 million in total as the repayment of the borrowed principal four times. The Defendants wired F to the Plaintiff KRW 49.99 million in total over two occasions on June 3, 2013 and July 5, 2013.
F. As the Plaintiff was unable to receive the loan, the Plaintiff filed a criminal complaint against F and the Defendants in fraud. On October 7, 2013, the confirmation letter stating that “F is subject to criminal complaint from the Plaintiff, and if the Plaintiff withdraws the criminal complaint, he/she will confirm to the Defendants the legal measures (including criminal complaints, etc.) and make every effort to repay.”