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1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 20% per annum from July 30, 2014 to the day of complete payment.
Reasons
1. Basic facts
A. On October 8, 2009, the Plaintiff concluded a contract for the sale of commercial buildings with D Co., Ltd. entrusted with the business of selling commercial buildings by the Defendant as the representative director, and paid a total of KRW 130,000,000 ( KRW 30,000,000, and promotional development cost of KRW 100,000) to E, the representative of D Co., Ltd.
B. On October 20, 201, E returned KRW 50,000,000 to the Plaintiff by October 31, 2011, and returned KRW 80,000,000 until December 26, 2011.
“At the time, the Defendant agreed to perform the Plaintiff’s above debt jointly and severally with E.
C. The Plaintiff was paid KRW 50,000,000 thereafter, and paid KRW 20,000 on February 10, 2012 additionally.
From February 29, 2012 to April 2013, the Defendant paid interest of KRW 1,200,000 and suspended this.
[Ground for Recognition: Evidence A Nos. 1 through 7 (Evidence A No. 1 is the same as Evidence No. 6)
(2) Each entry and the purport of the whole pleading
2. According to the above facts, the Defendant, as a joint and several obligors, is obligated to pay the Plaintiff KRW 60,000,000 (=130,000,500-50,000,000-20,000) and damages for delay calculated at the rate of 20% per annum from July 30, 2014 to the date of complete payment, which is the day following the delivery of a copy of the complaint of this case.
In regard to this, the defendant presented the same attitude that the defendant would prevent the business from being carried out by filing a petition with the competent administrative agency, etc. without signing the letter of debt repayment agreement, and the defendant merely signed the contract to the effect that "if the business is completed, the plaintiff's status as the tenant is recognized, and if the business is not sold by the lease, the plaintiff will guarantee the return of the subscription money, etc. paid to D without reading the contents of the above letter of debt repayment agreement, and therefore, the plaintiff cannot comply with the claim of this case.