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1. The Plaintiff:
A. The Defendants are jointly and severally liable to pay KRW 150,000,000 and the amount shall be from April 27, 2018 to August 17, 2019.
Reasons
1. Indication of claim;
A. The cited portion 1) The Plaintiff loaned KRW 150,00,000 to Defendant B Co., Ltd. on May 17, 2016. On October 26, 2017, Defendant B and Defendant B agreed to refund KRW 150,00,000 of the above borrowed amount until April 26, 2018. On the same day, Defendant C and D jointly and severally guaranteed the above borrowed amount to the Plaintiff of the Defendant Co., Ltd., the Defendants are jointly and severally liable to pay the Plaintiff the above borrowed amount of KRW 150,000,000 and delay damages therefrom. However, the Plaintiff’s assertion that the aforementioned borrowed amount of KRW 150,000 from April 26, 2018 is claimed against the Defendants, but the Plaintiff’s claim against the Defendants for delay damages on the date of maturity 208,2016.
In addition, the Plaintiff claims against the Defendants for damages for delay calculated at the rate of 15% per annum from the day following the date of the last delivery of the copy of the instant complaint to the day of full payment. However, the Plaintiff’s claim for damages for delay exceeding the rate of 12% per annum pursuant to the provisions on statutory interest rate of Article 3(1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings amended on May 21, 2019 is rejected.
B. On May 13, 2016, the part 1 cited in the claim for damages, the Plaintiff did not have an intent or ability to select the Plaintiff as a sales agency for the construction and sale of a new apartment system on the ground of the Suwon-gu, Busan. However, on May 13, 2016, the Plaintiff deceivings the Plaintiff by concluding a sales agency service contract with the Plaintiff for the said business, thereby causing the Plaintiff to incur damage to the Plaintiff totaling KRW 126,462,360 in terms of the personnel expenses, project explanation expenses, the subscriber’s cost, the cost of production of goods, and the cost of office rent. Therefore, the Defendant Company B committed a tort against the Plaintiff.