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1. The Defendant’s KRW 1,00,000,000 as well as 5% per annum from October 1, 2016 to October 12, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. A. Around September 30, 2014, future ready-mixed Co., Ltd. (hereinafter “Smi-mixed”) determined KRW 1 billion at the Korea Sampling Co., Ltd. (hereinafter “Korea Sampling Co., Ltd.”) as of September 30, 2014 and lent at the rate of KRW 6% per annum.
(hereinafter referred to as the "Loan Agreement of this case"). In relation to the Loan Agreement of this case (Evidence (Evidence (A No. 4) if the Korean Sampling is unable to perform the terms of the Loan Agreement of this case, the Defendant, who is a major shareholder of the Korean Sampling, shall pay the borrowed money in lieu of the Korean Sampling Co., Ltd. under the Loan Agreement of this case, on behalf of the Korean Sampling Co., Ltd.
In addition, even if future ready-mixed is exempted from the guaranteed obligation of the joint guarantors of Korean Sampers under the loan agreement of this case, the defendant will not raise any objection, and will undertake to faithfully implement the terms of the loan agreement of this case on behalf of the Korean Sampers.
B. Around May 13, 2015, the Defendant prepared and delivered to future ready-mixed with the following content (hereinafter “instant commitment”).
C. On August 12, 2016, the Plaintiff merged future ready-mixeds.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, Eul evidence Nos. 1, 2, 4, 5, and 6, the purport of the whole pleadings
2. According to the above facts of recognition, the Defendant is jointly and severally liable to pay the Plaintiff a loan of one billion won to the Republic of Korea Pamp and the Plaintiff a delay interest calculated at the rate of five percent per annum for the Plaintiff from October 1, 2016 to October 12, 2016, on which the original copy of the instant payment order was served on the Defendant, and at the rate of five percent per annum from the next day to the day of full payment under the Act on Special Cases Concerning Promotion, etc. of Legal Proceedings.
3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.