대여금
1. The Defendant’s KRW 50,000,000 and the following day shall be 5% per annum from June 1, 2018 to June 18, 2019 to the Plaintiff.
According to the statements in Gap 1-9, the plaintiff lent KRW 100 million to C Co., Ltd. (hereinafter referred to as "C") on October 12, 2017, without interest agreement, by setting the due date as until May 31, 2018, and the defendant jointly and severally guaranteed the plaintiff's obligation to the plaintiff on the same date. Meanwhile, the plaintiff was repaid KRW 50 million out of the principal amount of the loan from C on September 17, 2018.
Therefore, barring special circumstances, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 50 million and damages for delay calculated by 5% per annum as stipulated in the Civil Act from June 1, 2018, which is the day following the due date for repayment, to June 18, 2019, and 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
If so, the plaintiff's claim is justified.