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1. Defendant B’s KRW 100,000,000 as well as 3% per annum from August 21, 2015 to May 19, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On May 21, 2015, the Plaintiff prepared a loan certificate (hereinafter “the loan certificate in this case”) with a loan borrowed amounting to KRW 100,000,000 (hereinafter “the loan money in this case”); KRW 30,000 per annum; and KRW 80,000,000,000 per credit account transfer; and KRW 20,000,000 per annum on November 20, 2015 (hereinafter “the loan certificate in this case”); and thereafter, the Plaintiff paid to Defendant B in cash each around that time.
B. Defendant B did not fully repay the instant loan to the Plaintiff.
[Ground of recognition] Defendant B: (a) The confession (Article 208(3)2 of the Civil Procedure Act) Defendant C and D (hereinafter “D”) : Evidence No. 1, Evidence No. 5-1 and No. 2; (b) the response of the court’s request for delivery of documents to Sung-nam branch of the Suwon District Court; (c) the purport of the entire pleadings
2. According to the facts of the determination as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff damages for delay at each rate of KRW 100,00,000 and KRW 15% per annum as stipulated in the instant loan certificate from August 21, 2015 to May 19, 2016, the delivery date of a copy of the instant complaint against Defendant B, which is the date of the instant loan, from August 21, 2015 to May 19, 2016, and from the following day to the date of full payment (hereinafter “Litigation Promotion Act”).
(1) The plaintiff filed a claim for damages for delay from November 21, 2015, which is the day following the due date for the loan of this case, to pay damages for delay at the statutory interest rate under the Civil Procedure Promotion Act. However, according to Article 3 of the Litigation Promotion Act, the statutory interest rate under the Civil Procedure Promotion Act shall be applied from the day after the delivery of the complaint. Thus, the plaintiff's claim for this portion is without merit.
A. The Plaintiff’s assertion is jointly and severally guaranteed by Defendant C and D’s debt of the instant loan. Therefore, the said Defendants are jointly and severally and severally with Defendant B.