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1. Defendants B, C, and D Co., Ltd. jointly and severally with the Plaintiff KRW 57,820,960 and the aforementioned amount from March 9, 2017 to January 19, 2018.
Reasons
1. Determination as to the claim against the defendant B, etc.
A. In full view of the facts that there is no dispute over the cause of the claim, and comprehensively taking into account the purport of the entire pleadings, the Plaintiff’s loaning KRW 100 million to Defendant D on October 30, 2015 as the due date for repayment on November 30, 2015, and joint and several surety obligations of Defendant B and C; the Plaintiff paid KRW 18,820,960 of the local tax of Defendant D on March 30, 2016 at the request of Defendant B, etc.; the Plaintiff paid KRW 38 million in total to Defendant B, etc. (including additional numbers; KRW 80 million on December 16, 2015; KRW 8 million on March 11, 2016; and KRW 16 million on June 1, 2016).
According to the above facts, barring any special circumstance, Defendant B, etc. is jointly and severally liable to pay to the Plaintiff KRW 80,820,960 (=18,820,960-38 million) and damages for delay.
B. (1) Defendant B, etc., who paid KRW 23 million to Nonparty B to Nonparty F, asserted that Defendant B, etc. should deduct the down payment amount of KRW 23 million paid to Nonparty F and G on November 25, 2016, by recognizing Defendant B, instead of the Plaintiff, as the repayment to the Plaintiff, from the claim amount.
According to the statement in Eul 5, on November 25, 2016, the Plaintiff entered into a sales contract to purchase the purchase price of non-party H and one parcel in Yangyang-gun, Gangwon-do from Non-party F with the purchase price of KRW 230 million, Defendant B paid KRW 23 million to F on the same day, and the Plaintiff’s failure to pay the part payment of the above sales contract, thereby forfeiting the down payment.
According to the above facts of recognition, the Plaintiff is obligated to pay KRW 23 million paid by Defendant B on behalf of Defendant B to Defendant B, and the maturity for Defendant B’s credit will be November 25, 2016, which is the date of remittance. The fact that a preparatory document stating the declaration of offset (i.e., July 10, 2017) was delivered to the Plaintiff on the same day is apparent in the record, and thus, the Plaintiff’s loan claims.