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1. Defendant D’s KRW 681,00,000 as well as 5% per annum from August 1, 2012 to July 9, 2018.
Reasons
1. Facts of recognition;
A. On July 1, 2008, E Co., Ltd. (hereinafter “E”) and F Co., Ltd. (hereinafter “F”) drafted a letter of default to pay to the Plaintiff KRW 450 million plus a profit of KRW 150 million by September 30, 2008.
B. On July 1, 2008, E and F made an additional statement of non-performance that, in the event that the Plaintiff is unable to pay KRW 450 million by September 30, 2008, the date of payment, the date of payment, the notice of non-performance was additionally drawn up that the Plaintiff should pay damages for the non-performance of the contract amounting to KRW 150 million separately.
C. E and F did not pay the Plaintiff the agreed amount as set out in the note of default, and Defendant D, on May 16, 2012, drafted a loan certificate with the purport that the Plaintiff will pay KRW 300 million of the investment principal to the Plaintiff by June 30, 2012, and KRW 400 million of the investment profit by July 31, 2012 (hereinafter “the instant loan certificate”).
[Grounds for Recognition] Unsatisfy, entry of Gap evidence 2 through 4 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. According to the facts of recognition as to the claim against Defendant D, Defendant D is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum as prescribed by the Civil Act from August 1, 2012 to July 9, 2018 on the record that it is obvious that it is the delivery date of a copy of the complaint of this case from August 1, 2012, the day following the date on which the Plaintiff seeks the final repayment of KRW 681 million among the agreed amount of KRW 700,000 according to the loan certificate of this case, and that it is obvious that it is the delivery date of a copy of the complaint of this case.
3. Determination as to the claim against Defendant C
A. The Plaintiff’s assertion that Defendant C agreed with Defendant D to pay the agreed amount pursuant to the instant loan certificate. Since Defendant C agreed to pay the agreed amount on July 27, 2012 after preparing the instant loan certificate, Defendant D was able to pay KRW 4 million and KRW 15 million on August 24, 2012.