대여금
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 130,000,000 and the interest rate thereon from September 18, 2017 to the date of full payment.
Comprehensively taking account of the evidence and the overall purport of the pleadings as set forth in subparagraphs A and C, Defendant B Co., Ltd. borrowed KRW 170,00,000 from the Plaintiff on August 17, 2017 at the interest rate of 18% per annum, and due date of repayment on September 17, 2017; Defendant C and D jointly guaranteed the above loan obligations; Defendant C and D may recognize that Defendant B fully repaid only the interest accrued up to September 17, 2017, out of the above loan loans, until September 17, 2017, and up to the maturity date of payment; the Defendants jointly and severally liable to pay the Plaintiff damages for delay calculated at the rate of 18% per annum from September 18, 2017 to the date of repayment.
On October 25, 2017, the Defendants asserted that the Plaintiff could not file a lawsuit against the Defendants seeking the repayment of the above loan because they provisionally attached the Plaintiff’s above loan claim against Defendant B. However, even if there exists a provisional seizure on the claim, it is only prohibited for the obligor to collect the payment from the garnishee in reality, and the obligor can file a lawsuit seeking the performance against the third obligor, and the court cannot reject it on the ground that it is a provisional seizure (see, e.g., Supreme Court Decision 2001Da59033, Apr. 26, 2002). The Defendants’ above assertion based on a different premise cannot be accepted.
The Defendants also asserted that Defendant B, a de facto spouse of the Plaintiff, paid KRW 20,000,000 on December 7, 2017 and KRW 15,000,000 on December 8, 2017 to E, which is the Plaintiff’s spouse, shall be deemed to have repaid the above borrowed amount. However, there is no evidence to acknowledge that the above payment is effective as the repayment of the borrowed amount, and therefore, the Defendants’ assertion cannot be accepted.
The plaintiff's claim against the defendants is justified, and all of them are accepted.