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1. The Defendants jointly share KRW 80,000,000 with respect to the Plaintiff and 5% per annum from February 1, 2019 to April 22, 2019.
Reasons
Comprehensively taking account of the whole purport of the arguments in the statement Nos. 1 and 2, the Plaintiff may recognize the fact that on January 17, 2019, the Plaintiff loaned KRW 80,000 to Defendant C Co., Ltd. (hereinafter “Defendant C”) under the guarantee of Defendant C Co., Ltd. (hereinafter “Defendant C”) and agreed on January 31, 2019.
With respect to the Plaintiff’s claim for the repayment of the above loan, the Defendants asserted that the said money cannot be paid on the ground that the Plaintiff did not complete the construction work with bad faith and did not complete the construction work on the ground that: (a) the Plaintiff ordered the instant Plaintiff to perform the construction work; (b) the Plaintiff agreed to return the loan upon completion of the construction work; and (c) paid the loan amounting to KRW 80,000,000; and (d) the Plaintiff did
However, as to the return of the above loan, it is not sufficient to recognize only the evidence Nos. 1 through 7 (including the serial number) with regard to the fact that there are conditions as argued by the Defendants, and the above assertion is not accepted since no other evidence exists
(1) The Defendants are jointly obligated to pay to the Plaintiff damages for delay calculated at the rate of 12% per annum, as claimed by the Plaintiff, within the scope prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from February 1, 2019 to April 22, 2019, the delivery date of a copy of the complaint, and from February 1, 2019, from February 1, 2019 to April 22, 2019.
Therefore, the plaintiff's claim against the defendants is accepted on the ground of the reasons.