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1. The Defendant’s KRW 91,00,000 to Plaintiff A and 5% per annum from December 30, 2014 to November 19, 2015, respectively.
Reasons
1. Basic facts
A. D is the actual operator of E Co., Ltd. (hereinafter “E”), and is the owner of F Nos. 1, 3, 6, 50, 53, 59, 61, 84, 93, 94, 95, 98, 104, 107, 109, 1, 23, and 36 (hereinafter “instant building”).
E operated a large retailer (which is later changed to Hart; hereinafter referred to as “instant marina”) of “Gma” in the instant building.
B. At the time of March 29, 2013, Plaintiff A lent KRW 100,000,000 to I, who was the representative director of E on the registration of E, as “12% per annum of April 12, 2013 during the repayment period,” and Plaintiff A was provided as security for transfer by means of occupying and amending the goods in the instant marina, and D and E guaranteed the said debt on the same day.
C. Plaintiff B lent KRW 230,00,000 to D, on June 11, 2012, to “20,000,000 per annum.” On June 12, 2012, Plaintiff B completed the registration of creation of a mortgage on the instant building with the maximum debt amount of KRW 350,000,000 as collateral, and on August 3, 2012, each leased KRW 60,000,00 as collateral by stipulating that “30,000,000,000 per annum, during the repayment period, was 30% per annum,” and was offered as collateral by occupying and amending the instant facilities within the instant marina.
The Defendant is the representative of J (hereinafter “J”) and worked as the occupant of the instant Mart from the end of 2012, and had a claim of 170 million won or more against E.
E. On June 24, 2013, the J determines that the instant building was KRW 500,000,000,000 per lease deposit, monthly rent, and KRW 7,000,000,00. On the other hand, the J against Plaintiff B of the remaining six collateral security obligations, excluding the first collateral security obligations in the name of the Korean bank, among the collateral security obligations established by the instant building.
1.(c)
The amount of approximately KRW 430,000,000, including the collateral security obligations as stated in the subsection, shall be paid by proxy.