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1. Defendant B shall pay 27,500,000 won to the Plaintiff and 15% per annum from February 1, 2017 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On December 12, 2014, the Plaintiff agreed to lend KRW 20,00,000 to Defendant B under the F’s guarantee on the condition that the Plaintiff received orders for the removal of the Ehigh School located in Daegu-gun D High School from Defendant B, and the Plaintiff agreed to immediately refund the same if the contract was not concluded by the end of February 2015.
B. On December 22, 2014, the Plaintiff transferred KRW 20,000,00 to the Agricultural Cooperative Account (Account Number: G) of Defendant C designated by Defendant B.
(hereinafter “instant loan”). C.
On February 2015, the Plaintiff demanded the return of the instant loan to Defendant B, who did not enter into the contract for the removal construction work, and on May 5, 2015, Defendant B drafted a letter of commitment stating that “The Plaintiff would pay KRW 30,000,000,000,000, including the amount of KRW 20,000,000 for the damages incurred from the failure to perform the contract for the removal construction work, and KRW 10,00,000,00,000, to the Plaintiff by May 28, 2015.”
(A) Certificate No. 3, hereinafter referred to as “instant Declaration”). D.
Since then, Defendant B paid KRW 2,500,000 to the Plaintiff, and on June 19, 2015, written a letter (Evidence A12) stating that Defendant B would pay the remainder to the Plaintiff by June 29, 2015.
[Reasons for Recognition] Facts without dispute, entry of Gap1 to 12 evidence (including each number), the purport of the whole pleadings
2. Determination as to the plaintiff's claim against the defendant B
A. According to the above facts of recognition as to the cause of the claim, Defendant B is obligated to pay to the Plaintiff the remainder of KRW 27,500,000 in accordance with the instant written confirmation, and damages for delay calculated at the rate of 15% per annum from February 1, 2017 to the day following the delivery of the copy of the instant written complaint, as claimed by the Plaintiff, as agreed by the Plaintiff.
B. Determination of Defendant B’s assertion (1) The above Defendant asserted that Defendant F, a joint guarantor, repaid all of the instant loans, but there is no evidence to acknowledge this.