대여금
1. The Plaintiff, Defendant B’s KRW 45,00,000, as well as 5% per annum from December 31, 2018 to May 22, 2019.
1. Where there is no dispute between the parties to the facts of recognition, or comprehensively taking account of the purport of the entire arguments in Gap evidence Nos. 1 through 3, the plaintiff paid the interest of KRW 60,000,000 to the defendant B on December 28, 2017, with KRW 2% interest rate of KRW 60,000,000, and due date of repayment on December 30, 2018, and Defendant C and D guaranteed the amount of KRW 30,000,000, and the defendant B paid interest of KRW 120,000 per month to the plaintiff from January 27, 2018 to March 31, 2018. The plaintiff paid interest of KRW 6,050,000 to July 19, 2018, and the fact that the plaintiff received KRW 50,500,000 from D on January 15, 2019.
2. Judgment on the parties' arguments
A. According to the above facts of recognition as to the cause of the claim, barring any other special circumstances, Defendant B did not specify the relationship between the Defendants in collaboration with Defendant B, but appears to have omitted by mistake in light of the description as to the cause of the claim.
Of the above money, 15,00,000 won and damages for delay shall be paid respectively.
B. The Defendants asserted that the period of repayment of the instant loan has not yet arrived. However, the fact that the period of repayment of the instant loan was December 30, 2018 is as seen earlier, and thus, the period of repayment of the loan has already arrived as of the date of closing argument in the instant case.
Therefore, the defendants' above assertion is without merit.
C. Defendant C’s defense of search is a defense of search that the Plaintiff, the primary debtor, should be paid prior to the Defendant B, as the primary debtor, for the following reasons: (a) Defendant C temporarily owned and operated FF Coina and H Coina in G; and (b) left the FF Coina’s facility and operating right in G; and (c) in the event of temporary financial problems, Defendant C has been in excess of the FF Coina’s facility and operating right in G, but the H Coina in G still operated.
However, there is a number of evidence of Nos. 1 to 8.