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1. As regards Defendant B’s KRW 92,00,000 and KRW 87,000 among them, Defendant B shall be from January 1, 2018 to the date of full payment.
Reasons
1. Determination as to the claim against the defendant B
A. On April 6, 2017, the Plaintiff indicated the claim and lent KRW 15 million to Defendant B as interest rate of 2% per month.
On December 15, 2017, Defendant B prepared and delivered to the Plaintiff a letter stating that “The Plaintiff will repay KRW 92 million, including KRW 87 million and KRW 5 million for directors’ expenses, which is the sum of KRW 18 million calculated by subtracting the repayment amount from KRW 15 million for rent, and KRW 5 million for directors, until December 31, 2017 (Evidence A; hereinafter referred to as “each of the instant notes”).
Therefore, Defendant B is obligated to pay to the Plaintiff the amount of KRW 92 million in total and KRW 87 million in loan and agreed amount, 24% per annum from January 1, 2018 to the date of full payment, and 5 million in contract amount, 12% per annum from February 12, 2020 to the date of full payment, which is the day following the day of delivery of a copy of the complaint of this case, to the day of full payment.
(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming the relevant provisions as private investors);
2. As to the claim against Defendant C, the Plaintiff asserts that Defendant C jointly and severally guaranteed the borrowed money and the obligation agreed upon by Defendant C in accordance with the instant respective text of the case.
The defendant C’s name and cell phone number are all indicated in the defendant C’s name, and it is not admissible as evidence, since there is no evidence to acknowledge the authenticity as to the part under the defendant C’s title, which appears to correspond to “the fact that the defendant C guaranteed the defendant C’s above loan and contract deposit obligation against the plaintiff,” and the evidence presented by the plaintiff alone is insufficient to acknowledge “the fact of joint and several liability of the defendant C,” and there is no other evidence to acknowledge it.