beta
Text
1. The Defendants are jointly and severally liable to the Plaintiff.
(a) As regards KRW 14,00,000 and its KRW 2,000,000 among them, from July 1, 2015; and
Reasons
1. Basic facts
A. Plaintiff D transferred the total amount of KRW 80 million to the Defendant B’s account on July 3, 2014, July 24, 2014, and on July 25, 2014.
B. On March 5, 2015, Defendant B prepared a loan certificate stating that “Defendant B shall pay a total of KRW 80 million per month from June 30, 2015 to the Plaintiff (hereinafter “instant loan certificate”). Defendant C guaranteed Defendant B’s obligation to the Plaintiff.
[Reasons for Recognition] Uncontentious Facts, Entry of Evidence A Nos. 1 and 2, and the purport of the whole pleadings
2. Determination as to the cause of action
A. The Defendants asserted that the Plaintiff agreed to pay to the Plaintiff a total of KRW 80 million in installments from June 30, 2015 to June 30, 2015, but did not pay the money up to now.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 80 million and damages for delay from July 1, 2015.
B. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed amount of KRW 80 million based on the instant loan certificate.
However, it is difficult to recognize that the Defendants lost the benefit of time solely on the ground that the Defendants delayed part of the installment payments pursuant to the loan certificate of this case, and there is no other evidence to acknowledge otherwise.
In accordance with the loan certificate of this case, with respect to the installment payments for which the maturity date has not yet arrived as of the date of the closing of argument in this case, the Defendants did not pay the Plaintiff the installment payments based on the loan certificate of this case in one time. Since disputing the Plaintiff’s claim in this case, it is difficult to expect the Defendants to voluntarily perform the claim, it is deemed necessary to request it in advance.
However, the part of the claim for the installment payment that comes after the date of closing the argument in this case constitutes a lawsuit for future performance.