대여금청구의 소
1. Defendant B shall pay to the Plaintiff KRW 150,00,000 and KRW 120,000 among them, from October 30, 2016 to the date of full payment.
1. On April 29, 2016, the Plaintiff agreed to borrow KRW 120,000,000 to Defendant B, and agreed to be repaid on October 29, 2016. ② On July 18, 2016, the Plaintiff loaned USD 120,000 to Defendant C Co., Ltd., and agreed to be reimbursed for KRW 138,00,000 applying the exchange rate of USD 1,150 per US dollars within 90 days from the date of borrowing (i.e., USD 120,000 x USD 1,150 / 1,50 / 1,000). Defendant B provided a joint and several surety against the Plaintiff by Defendant C Co., Ltd.
(In light of the purport of this part of the Plaintiff’s claim, the Plaintiff’s assertion of the joint and several surety by Defendant B is deemed to have been asserted). However, the Defendants did not repay the above loan interest to the Plaintiff.
Therefore, Defendant B is obligated to pay damages for delay calculated at the rate of 15% per annum from October 30, 2016 to the day following the due date under the loan agreement with respect to KRW 150,000,000 among the Plaintiff and KRW 120,000,00,000, and to the day of full payment. ② The Defendants jointly and severally pay KRW 138,000,000 and the amount of damages for delay calculated at the rate of 15% per annum under the Civil Act from August 1, 2017 to September 27, 2017, which is the date the duplicate of the complaint in this case was delivered to Defendant C, and from the next day to the day of full payment, the amount of damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.
2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;