대여금
1. The Defendants are jointly and severally liable to the Plaintiff for 50,000,000 won and the Defendants B and C with respect thereto from May 25, 2019 to May 31, 2019.
Comprehensively taking account of the descriptions in subparagraph 1-1 through 3-3 of the evidence No. 1-3, the Plaintiff paid KRW 50,000,000 to Defendant B on November 30, 2017. Defendant B agreed to return the same on November 30, 2018, which is the expiration date of the contract for the purchase of the scrap metal; Defendant C entered into an agreement with the Plaintiff on December 1, 2017, with the meaning of the payment guarantee for the return of the said deposit for the purchase of the scrap metal by January 31, 2018; Defendant B failed to refund the above deposit for the purchase of the scrap metal by January 31, 2013; Defendant B and D issued the certificate of borrowing KRW 50,00,000 to the Plaintiff by December 26, 2013; and Defendant B and D issued the certificate of repayment by 00,000,000 won to the Plaintiff by December 30, 2013.
Therefore, Defendants are jointly and severally liable to pay to the Plaintiff 50,000,000 won as well as damages for delay calculated at the rate of 12% per annum from May 25, 2019 to May 31, 2019, which is the day following the delivery date of a copy of the complaint of this case, to the day after the delivery date of a copy of the complaint of this case, to the day after May 31, 2019; damages for delay calculated at the rate of 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings; and Defendant D is liable to pay damages for delay calculated at the rate of 12% per annum from June 22, 2019 to the day after the delivery date of a copy of the complaint
(1) Article 3(1) of the Regulations on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019). As to this, the Defendants asserted that the Plaintiff’s claim is unjustifiable since the Plaintiff created a collateral on the land owned by the Defendant C, and thereby, the voluntary auction procedure is in progress. However, as long as the Plaintiff did not receive dividends from the above auction procedure as of the date of closing argument of this case, the Plaintiff cannot be deemed to have received reimbursement of KRW 50,00,000, and thus, the Plaintiff may file the instant claim.
Therefore, the defendants' assertion is without merit.
If so, the plaintiff's claim.