대여금
1. Defendant B shall pay the Plaintiff KRW 30 million and the interest rate of KRW 15% per annum from October 31, 2015 to the date of full payment.
1. In regard to the Plaintiff’s claim against Defendant B, the Plaintiff alleged that he lent KRW 10 million to Defendant B on September 2, 2010, and KRW 20 million on December 27, 2010, respectively, the Defendant B did not clearly dispute but did not appear on the date for pleading, and thus, it is deemed that all of the alleged facts were led to confession pursuant to Article 150 of the Civil Procedure Act.
According to the above facts, Defendant B is obligated to pay to the Plaintiff the leased principal of KRW 30 million and damages for delay at the rate of KRW 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the day after the complaint of this case was served on Defendant B to the day of full payment.
2. The Plaintiff’s claim against Defendant C was jointly and severally guaranteed the obligation to return the loan to the Plaintiff by Defendant C, and thus, the Plaintiff is jointly and severally obligated to return the loan principal and interest with Defendant B. However, there is no evidence to acknowledge that Defendant C has jointly and severally guaranteed the obligation to return the loan by Defendant C.
Therefore, the plaintiff's above assertion is without merit.
3. If so, the plaintiff's claim against the defendant B is justified, but the plaintiff's claim against the defendant C is dismissed as it is without merit.