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1. The Plaintiff:
A. Defendant B’s KRW 20,000,000 and interest rate of KRW 15% per annum from December 13, 2016 to the date of full payment.
Reasons
1. Determination as to the cause of claim
A. Facts of recognition 1) The Plaintiff lent KRW 20,000,000 to the Defendant B, and the final payment date agreed between the Plaintiff and the Defendant B is November 30, 2016. (2) The Plaintiff set KRW 34,000,000 to the Defendant C Company as the due date for payment on December 9, 2016.
[Ground of recognition] Facts without dispute, Gap evidence 2-1, 2-3, Gap evidence 4-1, 2-2, and the purport of the whole pleadings
B. Therefore, Defendant B is obligated to pay damages for delay at the rate of 15% per annum from December 13, 2016 to the date following the delivery date of a copy of the complaint of this case sought by the Plaintiff as the payment date of KRW 20,000,000 and the date of full payment of the copy of the complaint of this case. Defendant C is obligated to pay damages for delay calculated at the rate of 34,000,000 per annum from December 10, 2016 to December 30, 2016, which is the day following the payment date, and the delivery date of the copy of the complaint of this case from December 30, 2016, the delivery date of the copy of the complaint of this case, 5% per annum under the Civil Act, and 15% per annum from the next day to the day of full payment.
(1) The Plaintiff claimed for the payment of damages for delay at the rate of 15% per annum against Defendant C from December 10, 2016 to the date of full payment. However, there is no assertion or proof as to the grounds for claiming the payment of damages for delay from December 10, 2016 to December 30, 2016, the delivery date of a copy of the complaint of this case. Therefore, the Plaintiff’s claim against Defendant C is dismissed, and only the payment of damages for delay at the rate of 5% per annum as stipulated in the Civil Act is recognized).3. In conclusion, the Plaintiff’s claim against Defendant C is accepted as reasonable, and the claim against Defendant C is accepted within the scope of the above recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.