대여금
1. The Defendants jointly and severally committed against the Plaintiff at KRW 100 million and the Plaintiff from September 1, 2006 to Defendant B on February 28, 2017.
Comprehensively taking account of the respective descriptions and the purport of the arguments as set forth in subparagraphs 1 through 5, the Plaintiff loaned KRW 200 million to the Defendant B on Nov. 28, 200, Defendant B agreed on July 4, 2006 to return KRW 100 million to the Plaintiff on Aug. 10, 2006 and KRW 50 million until Aug. 31, 2006, respectively, with respect to the unpaid amount of KRW 100 million until the above borrowed amount. Defendant C may be jointly and severally and severally liable to pay the Plaintiff the above borrowed amount or agreed amount of KRW 100 million and damages for delay. Thus, the Defendants are jointly and severally liable to pay the Plaintiff the above borrowed amount or agreed amount of KRW 100 million.
On the other hand, Defendant B asserted that he repaid KRW 185 million out of the above borrowed amount of KRW 200 million, but there is no evidence to acknowledge the remainder of the claim for repayment with the exception of KRW 100 million recognized by the Plaintiff. Thus, Defendant B’s above assertion cannot be accepted.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 100 million and the amount of damages for delay calculated at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day of September 1, 2006, which is the day after the above last payment date, to the day after February 28, 2017, on which the original copy of the payment order was served, to Defendant C, and to the day after April 29, 2017, to the day after the last payment date.
Therefore, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition by the assent of all.