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1. As to KRW 107,095,890 and KRW 100,000 among them, the Defendant shall annually pay to the Plaintiff the amount of KRW 100,000 from January 18, 2019 to May 31, 2019.
Reasons
1. On March 8, 2017, the Plaintiff prepared a loan certificate with the following content and lent money to C.
The defendant jointly and severally guaranteed the repayment obligation.
- I - I - I - I - I - I - I - I - B : The loan period of 100,000,000 won for the amount on March 08, 2017: Two months (payment of 3,00,000 won for each month interest and all expenses): The payment method of interest after two months from the date of borrowing: The first (0.08, 2017) and the second (0.08, 2017.05.08, 2017.): The debt shall be transferred to the creditor of the company (representative) at the time of the repayment of the debt by the due date.
[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings
2. According to the above facts of determination, the defendant is dismissed with the obligation to pay to the plaintiff 107,095,890 won (excluding interest until July 2017, including interest of KRW 7,095,890 calculated by the rate of 5% per annum for the remainder eight months as requested by the plaintiff, as well as KRW 100,000,00 among the interest, excluding interest that was paid by the plaintiff until July 2017) and 12% per annum from January 18, 2019 to May 31, 2019 from the next day of the service date of the payment order of this case until May 31, 2019 and from the next day to the day of full payment [the part of the plaintiff's claim for delay payment exceeding the rate of 15% per annum for delay payment calculated pursuant to the main sentence of Article 3 (1) of the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29678 on May 21, 20199). 2019).
However, there is no evidence to prove that the Defendant agreed to substitute the payment with the transfer of 300,000 shares by transferring 300,000 shares.
The defendant's above assertion is without merit.
3. Thus, the plaintiff's claim is accepted within the above scope of recognition, and the remainder is dismissed as it is without merit. It is so decided as per Disposition.