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1. The Defendants are jointly and severally liable to the Plaintiff for 340,000,000 won and each year from August 1, 2018 to February 7, 2020.
Reasons
1. Basic facts
A. On January 22, 2018, Defendant B prepared a loan certificate stating that “Around May 2017, Defendant B shall pay KRW 200,000,000 to the Plaintiff for the repayment of KRW 200,000,000 as the business relationship between D and eight parcels of land outside the Jeju city on the last day of December 2017, but failed to repay the loan (hereinafter “the instant loan certificate”) to the Plaintiff by January 31, 2018, and E guaranteed the obligation based on the instant loan certificate.
B. On December 12, 2017, the Plaintiff lent KRW 20,000,00 to Defendant B.
C. The Plaintiff demanded Defendant B to pay KRW 200,000,000 based on the instant loan certificate, and interest thereon, etc., and Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) for which Defendant B and Defendant B serve as an intra-company director, around July 2018, is the “the instant repayment plan” with the following content:
1. The Defendants jointly and severally pay KRW 340,00,000 to the Plaintiff by the end of July 2018. However, the amount of KRW 90,00,000 out of the said amount may be substituted by 100 square meters among the land creation projects in Jeju Island. 3. The Defendants shall provide the Plaintiff with the progress of the said land creation project and relevant documents. [In the absence of any dispute over the grounds for recognition, the entries in the evidence Nos. 2, 3, 5, 7, and 8, and the purport of the entire pleadings, as a whole.
2. According to the facts of determination as to the cause of the claim, according to the instant repayment plan, the Defendants are jointly and severally liable to pay to the Plaintiff 340,000,000 won and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from August 1, 2018 to February 7, 2020, the sentencing date of the instant case sought by the Plaintiff from August 1, 2018, which is the day following the due date for repayment, and from the next day to the day of full payment, 12% per annum as prescribed by the Act on Special Cases Concerning the
The Plaintiff claimed for the payment of damages for delay calculated at the rate of 5% per annum from July 31, 2018 with respect to the above 340,000,000 won.