대여금
1. The Defendants jointly share KRW 102,128,66 to the Plaintiff, and the period from September 11, 2010 to January 21, 2016 to the Plaintiff.
In full view of the purport of each statement in Gap evidence Nos. 1 through 5, the plaintiff lent 400,000,000 won to defendant corporation as of February 1, 2005 with the due date set as of February 1, 2008 and guaranteed the obligation to repay the above loan by defendant C and D. On February 2, 2005, the plaintiff completed the registration of transfer of chonsegwon with the right to lease of 300,000,000 won for all the 3,4,5 of the buildings listed in the separate sheet as collateral for the above loan claim as of February 2, 2005. The plaintiff received 235,843,936 won as the right to lease on a deposit basis with the plaintiff, the right to lease on a deposit basis as of September 10, 2010, the plaintiff received 235,84,936 won as the right to lease on a deposit basis from the defendant corporation as the principal debtor before the above distribution was made by the person.
Meanwhile, it is clear in calculating the facts that the damages for delay calculated by the rate of 5% under the Civil Act from March 1, 2008 to September 10, 2010 (=300,000,000 x 5% x 924/365 days x less than the original unit) from the date following the due date for payment of the remainder of the loans 300,000,000 won to the date following the due date for payment of the principal amount of the loans 37,972,60,000 won (=30,000,000 won x 337,972,60,000 won x 337,972,602 won in total and damages for delay as above 335,843,936 won in order of principal amount and damages for delay x 102,128,666 won [30,000 won].
Therefore, Defendant B Co., Ltd. and Defendant C, the guarantor thereof, jointly have the obligation to pay jointly to the Plaintiff 102,128,666 won and to pay 5% interest per annum as stipulated in the Civil Act until January 21, 2016 and 15% interest per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
Therefore, each claim against the Defendants is justified within the scope of the above recognition, and each claim is justified, and each of the remaining claims is dismissed. It is so decided as per Disposition.