A. Comprehensively taking account of the overall purport of the pleadings in evidence Nos. 1 through 3 of Defendant B, the Plaintiff loaned KRW 250 million to Defendant B Co., Ltd. (hereinafter “Defendant Company”) on June 11, 2015 as the due date for payment on June 11, 2016. However, even if the due date for payment has expired, the Defendant Company did not repay only KRW 12.6 million out of the above borrowed amount of KRW 250 million, and did not repay the remainder of KRW 137,400,000 (= KRW 250 million-112.6 million).

According to such facts of recognition, the Defendant Company is obligated to pay to the Plaintiff the amount of KRW 137,400,000 as well as damages for delay at the annual rate of 12% per annum under the provisions of Article 3(1) main text of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019) from November 23, 2018 to May 31, 2019, which is clear that the original copy of the instant payment order was served on the Defendant Company as the day following the delivery of the original copy of the instant payment order to the Plaintiff.

B. Defendant C agreed to the Plaintiff that Defendant C, the representative of the Defendant Company, would be responsible for and repaid the above loan obligation owed by the Defendant Company to the Plaintiff. Therefore, Defendant C and the Plaintiff are jointly and severally liable with the Defendant Company to pay the balance of the above loan amount of KRW 137,400,000, and delay damages therefor.

However, only the statement of the evidence No. 2 by Defendant C is not the representative of the Defendant Company, but the obligation to pay to the Plaintiff, as alleged by the Plaintiff.