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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 150,000,000 and the interest rate thereon from May 4, 2016 to the date of full payment.
Reasons
1. On May 3, 2016, the Plaintiff made a reimbursement of KRW 150,00,000 to the Defendant Company B (hereinafter “Defendant B”) on June 4, 2016, with interest (one month) 10,000,000 (hereinafter “the instant loan”). On the same day, Defendant C guaranteed the Defendant B’s obligation to borrow the instant loan against the Plaintiff on the same day. There is no dispute between the parties.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff interest or delay damages calculated by the rate of 25% per annum from May 4, 2016 to the date of full payment, out of the agreed interest rate of KRW 150,000,000 and the amount of the loan from May 4, 2016 to the date of full payment.
2. Determination as to Defendant B’s assertion
A. Defendant B’s assertion, separate from the instant loan, entered into a contract with the Plaintiff on September 14, 2015, under which the Plaintiff invested KRW 500,00,000 from the Plaintiff and thereafter the Plaintiff to pay the investment principal and the investment profit. The specific content of the contract is to guarantee the payment of the principal and the investment profit regardless of the occurrence of the business subject to investment. The substance of the contract is a monetary loan contract. The Defendant B paid a total of KRW 650,00 to the Plaintiff from December 30, 2015 to May 4, 2016, exceeding the amount of KRW 94,787,817, higher than the principal and interest to be paid under the said contract. As such, Defendant B is obligated to pay the Plaintiff the balance of KRW 150,00,000 after deducting the above excess amount of KRW 94,787,177,00,000 from the loan amount of KRW 521,183,00787.
B. On September 14, 2015, the Plaintiff and Defendant B made an investment of KRW 500,000,000 in Defendant B’s nutrition group D-based projects, and at the end of the investment period, the Plaintiff received from Defendant B the said investment principal to KRW 500,000,000 and the amount of KRW 150,00,000 out of the development revenue.”