Text
1. Defendant B and D shall jointly and severally serve as KRW 100,000,000 and KRW 20% per annum from May 9, 2014 to the full payment date.
Reasons
1. The common factual relations between the parties are: (a) between December 12, 201 and December 22, 2011, the Plaintiff leased KRW 10 million (one million and KRW 100,000,000,000,000,000) to Defendant D without fixing the due date and interest; (b) the Defendant Company B (hereinafter “B”) agreed to pay the amount jointly with Defendant D; (c) the Plaintiff urged Defendant D and B to pay the amount of KRW 100,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000)
2. Claim against Defendant B and D
A. According to the above facts of recognition, the above Defendants are obligated to pay damages for delay at the rate of 20% per annum from May 9, 2014 to the full payment date, which is the day following the delivery date of a substantial copy of a complaint, to the Plaintiff, when a considerable period from the time when the repayment was urged by the Plaintiff.
On the other hand, the plaintiff is not entitled to the plaintiff's claim for this portion since January 12, 2012, which is the date of the above last loan, for the payment of 5% interest per annum from the date of service of a copy of the complaint, but there is no ground to recognize it.
B. The above defendants' defense of repayment of the defendants set up a collateral security right (FF building Nos. 115 and 116) under the ground of the F building to secure the plaintiff's above loan claims, and they also set up a defense that the said right was terminated.
Comprehensively taking account of the entire purport of the argument in the statement No. 2 of the evidence No. 2, the said Defendants, on January 17, 2012, placed the Plaintiff a joint mortgage of KRW 100 million with respect to the maximum debt amount of KRW 115 and 116 of the Mapo-gu Seoul Metropolitan Government F building underground owned by Defendant D, on the ground of termination on May 6, 2013.