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1. Defendant C shall pay to the Plaintiff KRW 227,257,50 and the interest rate of KRW 15% per annum from January 27, 2017 to the date of full payment.
Reasons
1. Claim against Defendant C
A. On February 24, 2015, the Plaintiff Company lent KRW 250,000,000 to B Co., Ltd. (hereinafter “B”) without setting the due date or interest.
B issued the above cashier's checks at KRW 250,000,000, and then delivered them to the Defendant. The Defendant paid the above cashier's checks as auction bond and actually used the loans to the Plaintiff Company B.
Accordingly, on January 14, 2017, the Plaintiff Company demanded the Defendant to pay the above loan, and the Defendant agreed to jointly accept the loan amounting to KRW 250,000,000 for the Plaintiff Company B as above, and drafted and deliver the loan certificate to the Plaintiff Company.
Meanwhile, the Plaintiff Company paid KRW 22,742,50 out of the above borrowed money from B on September 15, 2015, and the Defendant is jointly and severally liable with B to pay the Plaintiff the remainder of KRW 227,257,500 (=250,000,000 - 22,742,500) and damages for delay calculated at the rate of 15% per annum from January 27, 2017 to the day of full payment, which is the day following the delivery of the copy of the instant complaint.
(b) Confession of applicable provisions of Acts (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);
2. Claim against the defendant B
A. Basic facts 1) The Plaintiff Company is a company engaged in the manufacturing business related to textile processing, and the Defendant Company is an engineering work company. 2) On February 24, 2015, the inside director D of the Plaintiff Company was contacted by E, the representative director of the Defendant Company, to the effect that if there is KRW 250,000,000, the bid bond for auction from the E, a representative director of the Defendant Company, the amount of KRW 250,000,00,000, the Defendant Company, under C’s name, remitted the money deposited as above to the Defendant Company as KRW 250,00,000 (the check number H; hereinafter “instant check”).
3 D and E, upon receipt of the instant water table, immediately after being issued, shall be above C with the Suyang Branch of the District Court.