대여금반환
1. The Defendants shall jointly and severally serve as KRW 200,000,000 on the Plaintiff and the period from March 26, 2016 to April 15, 2016.
Comprehensively taking account of the overall purport of the pleadings as indicated in the evidence No. 1, Defendant B’s agreement that Defendant B agreed to repay the Plaintiff’s debts owed until January 29, 2016 to March 25, 2016 by the agreement of KRW 200,000,000, and that Defendant C and D jointly and severally guaranteed Defendant B’s debts. Thus, barring any special circumstance, the Defendants are jointly and severally liable to pay the Plaintiff damages for delay from March 26, 2016, which is the date following the due date for payment.
As to this, the Defendants asserted that they repaid KRW 60,000,000 to the Plaintiff, but there is no evidence to acknowledge this.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 20,000,000 won and damages for delay at each rate of 5% per annum as stipulated by the Civil Act from March 26, 2016 to April 15, 2016, with the records that the Plaintiff is the last delivery date of the complaint of this case, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment. Thus, the Plaintiff’s claim of this case seeking this payment is justified, and is so decided as per Disposition.