대여금
1. Defendant C shall pay to the Plaintiff KRW 125,00,000 and the interest rate of KRW 12% per annum from May 1, 2011 to the date of full payment.
1. Basic facts
A. On October 14, 2010, Defendant B, C, the Plaintiff, and D concluded a contract under which they agreed to lease the G pharmacy of the F Hospital located in E from H and to operate their shares at 25% each (hereinafter “instant agreement”). Accordingly, the said G pharmacy’s deposit amount to KRW 1 billion each is to bear KRW 250,000,000.
B. On October 14, 2010, Defendant C prepared a certificate of borrowing that KRW 250,000,000 shall be paid to the Plaintiff on April 6, 2011 and the 24% interest per annum on April 6, 201.
C. On October 15, 2010, the Plaintiff transferred KRW 150,000,000 to the Defendant Gwangju Bank account (Account Number I), and KRW 100,000,000 to the said account on October 18, 2010.
On May 6, 201, Defendant B, the Plaintiff, and D drafted a written confirmation to the effect that Defendant B would first pay KRW 300 million to the Plaintiff and D in installments over a one-year period prior to Defendant C’s repayment (hereinafter “instant written confirmation”).
E. After formulating the instant confirmation document, Defendant B paid the Plaintiff totaling KRW 130 million from May 19, 201 to September 10, 2011.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 3, Eul evidence Nos. 1, 4, 5, 7, 12 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff asserted that the Plaintiff remitted KRW 250,000,000 to Defendant B in accordance with the instant agreement, and the instant agreement was not sexually dead.
Defendant C prepared and awarded to the Plaintiff the above 250,000,000 won loan certificate, and Defendant B prepared and issued the instant confirmation document that the Plaintiff would pay the above 250,000,000 won, so the Defendants are jointly and severally liable to pay the Plaintiff KRW 250,00,000.
However, the Defendants only paid a total of KRW 125,00,000 to the present date, and the Defendants jointly and severally paid KRW 125,000,000 to the Plaintiff and Defendant C thereto.