beta
Text
1. The Plaintiff:
A. Defendant A Co., Ltd. shall be jointly and severally and severally with Defendant B for KRW 50,00,000 and the same from April 1, 2015.
Reasons
1. Facts of recognition;
A. On July 31, 2014, Defendant B, the representative of Defendant A Co., Ltd. (hereinafter “Defendant Company”) borrowed KRW 20,000,000 from the Plaintiff, and at the time, agreed to pay KRW 10,000,000, out of the proceeds of the project that the Defendant Company was in progress, until the end of December 2014, separately from the above borrowed amount. The said borrowed amount was repaid KRW 20,000,000 on September 5, 2014.
B. On August 8, 2014, the Defendant Company borrowed KRW 40,000,000 from the Plaintiff as of September 10, 2014, and agreed to pay KRW 10,000 from the new project revenue at the time of repayment. On October 1, 2014, the Defendant Company repaid KRW 10,000,000 out of the above borrowed money.
C. On December 29, 2014, Defendant Company: (a) prepared and delivered a letter of agreement that the Plaintiff shall pay KRW 30,000,000 and KRW 20,000,000 and KRW 50,000,000 in total, which have not been repaid until that time; and (b) the Defendant Company jointly and severally guaranteed the Defendant Company’s obligation to pay the Plaintiff the said agreed amount.
[Reasons for Recognition] : Facts without dispute, entry of Gap 1, 2, and 5 evidence, and purport of the whole pleadings
2. Determination
A. According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 50,000,000 won and the damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act from the day following the due date to the day of service of the copy of the complaint of this case, and 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from
B. As to this, the Defendants asserted to the effect that the Plaintiff and the Defendant Company have no obligation to pay KRW 20,000,000,000, out of the 50,000,000, as a result, on the condition of the success of the business (the business that supplies C supplied by the Defendant Company to the “singte”, “I”, and “ Home Plus”) jointly promoted by the Plaintiff and the Defendant Company, and that the payment was promised on the condition of the success of the business (the business that supplies C supplied by the Defendant Company to the “singte”, “I”, and “
(b).