대여금
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 218,569,94 and KRW 200,000,000 among them.
The form of consolidation and whether the preliminary consolidation of the trial order of this court is either selective consolidation or preliminary consolidation should be determined on the basis of the nature of the claim for consolidation rather than the intent of the parties (see, e.g., Supreme Court Decision 2013Da96868, May 29, 2014). Since the primary claim of this case and the preliminary claim of this case are premised on the validity of both the loan agreement and the joint and several guarantee agreement between the Plaintiff and the Defendants, both are substantially selective mergers.
However, in light of its nature, both claims related to the selective one are filed by the parties in the form of a consolidation of primary and conjunctive claims, and the so-called “responding conjunctive claims” (see, e.g., Supreme Court Decision 98Da17145, Sept. 4, 2002). Thus, the following claims are determined from the primary claims in the order sought by the Plaintiff.
Recognizing the facts of determination as to the primary cause of claim, the Plaintiff: (a) extended KRW 200,000,000 from financial institutions to the Defendant Company on April 13, 2010; and (b) lent it to the Defendant Company without fixing the due date for payment; (c) Defendant C agreed to pay interest on the loan to the financial institution; (d) Defendant C jointly and severally guaranteed the above loan obligation to the Plaintiff on the same day; (e) the Plaintiff paid KRW 200,000,000 to the Defendant Company (hereinafter “instant loan”); (c) the Defendant Company paid interest on the loan from April 19, 2010 to December 19, 2014; (d) the Plaintiff failed to pay the loan thereafter, and (e) returned the amount of interest payable as of January 19, 2017 to the Defendants.
[Based on recognition] The plaintiff and the defendant company: there is no dispute, and each of the statements and arguments in Gap's 1 to 4.