beta
Text
1. The Defendant shall pay to the Plaintiff KRW 45,00,000 and the interest rate of KRW 24% per annum from February 26, 2012 to the day of complete payment.
Reasons
Basic Facts
A. On February 25, 2009, the Plaintiff: (a) on February 25, 2009, leased KRW 45 million to the Defendant 2% of interest per month; and (b) on June 25, 2010.
B. The Defendant first paid interest of KRW 900,000 per month, but the principal was not repaid at the time of maturity, and the interest was not paid due to the lack of circumstances.
C. Meanwhile, the Plaintiff, at the first floor of the building in Sejong Special Self-Governing City, was also a loan claim to E with the trade name of “D” (hereinafter “D”). However, in 2010, E agreed on the value of the instant dan as KRW 33 million (a lease deposit KRW 10 million, premium KRW 23 million) with the Plaintiff, and transferred the right to lease and the entire business as a substitute payment to the Plaintiff.
However, at the time, the Plaintiff operated the good shop, and thus, the Plaintiff proposed to the Defendant that “I will pay even interest on the loan obligation with the profits of the Plaintiff who operated the dan on behalf of the Plaintiff,” and the Defendant received this proposal.
E. On October 2010, the Plaintiff and the Defendant found the owner of the above building, thereby preparing a lease agreement under which the name of the lessee was changed from “E to “F” as the Defendant’s child (the existing lease agreement was regarded as KRW 10 million). On October 5, 2010, the Defendant changed the name of the business registration from “E” to “F” from “E”, and began the instant dan dan with the establishment of the Si facility.
F. The Defendant had operated the instant dan and paid interest of KRW 900,000 per month to the Plaintiff with the profits of the instant dan, but did not pay the Plaintiff the interest at a reasonable time since 2012.
In addition, the Defendant transferred to the Plaintiff all of the instant dynasium business in the name of F on September 20, 2012.
[Ground of recognition] Unsatisfy, A, 1.