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1. The defendant shall pay 180,000,000 won to the plaintiff and 15% per annum from June 3, 2016 to the day of complete payment.
Reasons
1. Basic facts
A. On April 2, 2014, the Defendant guaranteed the payment of KRW 230,00,000 to the Plaintiff by March 31, 2015, if the Plaintiff Co., Ltd. (hereinafter “C”) substantially operated by the Defendant (hereinafter “C”) and the Plaintiff is unable to pay the Plaintiff by March 31, 2015: Provided, That the Defendant entered into a joint and several surety contract with the content that the said joint and several surety contract has the validity when the deposit is confirmed to the Defendant’s personal account on April 2, 2014.
(hereinafter referred to as “instant joint and several sureties contract”). (b)
On March 25, 2014, before the date of entering into the instant contract, the Plaintiff transferred KRW 20,000,000 to the Defendant’s account, and KRW 210,000,000 on April 2, 2014, the date of entering into the instant contract, respectively.
C. C did not pay KRW 230,000,000 to the Plaintiff by March 31, 2015.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts, by transferring KRW 210,00,000 to the Defendant’s account on April 2, 2014, the Plaintiff entered into the instant joint and several liability agreement with C for the obligation of KRW 230,000,000 to the Plaintiff, and C did not pay KRW 230,000,000 to the Plaintiff on the said payment date, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 180,000,000 after deducting KRW 50,000 from the person who was repaid to the Plaintiff at KRW 230,000,000 as well as damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 3, 2016 to the date of full payment following the delivery of the copy of the instant complaint.
3. Judgment on the defendant's assertion
A. The Defendant did not lend KRW 230,000,00 to C, and invested KRW 230,000 in C to acquire and operate C, and the Plaintiff was actually operating C, such as the Plaintiff’s intra-company director and the Plaintiff’s wife as management director, etc.