대여금 등
1. Defendants are jointly and severally liable to the Plaintiff for KRW 151,049,643 and KRW 140,000 among them, Defendant A shall be jointly and severally liable to the Plaintiff on October 16, 2014.
Comprehensively taking account of the facts without dispute between the parties, Gap evidence Nos. 1, 2, 4, and Gap evidence Nos. 3-1 and 2, the plaintiff set and lent 140,000,000 won to the defendant A on May 2, 2012 on the repayment date (12.2% per annum, but 12.2% per annum, if there are considerable reasons, such as changes in financial circumstances, etc.), and the defendant Eul jointly and severally guaranteed this obligation; the defendant Eul lost its interest due to the failure to pay the agreed interest from February 3, 2014; and the sum of interest, etc. that has not been paid until October 7, 2014 can be recognized as constituting a cause of 11,049,643.
Defendant A borrowed the above money with the purchase price of the land in Ulsan-gun, Ulsan-gun, and agreed to sell the above land to D and to accept the above debt. Defendant A asserted to the effect that, even if D transferred the land, it did not accept the debt even though D transferred the land, the Plaintiff is obliged to claim the loan to Defendant B.
However, there is no evidence to acknowledge that Defendant A was an agreement between the Plaintiff and the Plaintiff to exempt the Plaintiff from the obligation when Defendant A assumed the obligation. Thus, Defendant A’s assertion is without merit.
Therefore, according to the facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 151,049,643 in total, and the amount of KRW 140,00,000 in the leased principal from October 16, 2014 to the day following the delivery of the copy of the complaint in this case, and Defendant B is jointly and severally liable to pay damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 12, 2015 to the day of full payment.
The plaintiff's claim against the defendants is accepted on the grounds that all the claims are reasonable.