대여금
The Defendants shall jointly and severally pay to the Plaintiff KRW 50,000,000 as well as 12% per annum from January 20, 2020 to the date of full payment.
1. Determination as to the claim against Defendant E
A. The Plaintiff, on August 1, 2017, lent KRW 50 million to Defendant B Co., Ltd. (hereinafter “B”) 2% of interest monthly and due date on December 31, 2017. Defendant E jointly and severally guaranteed it with Defendant C, D, and F, Defendant E is jointly and severally liable to pay to the Plaintiff KRW 50 million and delay damages calculated at the rate of 12% per annum from January 20, 2020 to the date following the last delivery of the copy of the instant complaint.
B. Judgment on deemed confessions (Articles 208(3)2 and 150(3) and (1) of the Civil Procedure Act)
2. Determination as to the claim against Defendant B, C, and DF
A. We examine the determination as to the cause of the claim. On August 1, 2017, the Plaintiff leased KRW 50 million to Defendant B, Inc. as interest rate of KRW 2% per month and due date of repayment on December 31, 2017. The Defendants’ joint and several suretys do not conflict between the parties, or can be recognized by comprehensively considering the overall purport of pleadings in the statement in subparagraph 2. Thus, Defendant B, C, and DF are jointly and severally with Defendant E and severally liable to pay damages for delay calculated at the rate of 12% per annum from January 20, 2020 to the date of full payment.
B. Defendant B, C, and DF’s claim for reimbursement against Defendant B, C, and DF claimed that the above loan amounting to KRW 50 million was repaid to the Plaintiff through Defendant E’s deposit account. However, there is no evidence to acknowledge this. Thus, the above claim for reimbursement by Defendant B, C, and DF is without merit.
3. Therefore, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition by the assent of all.