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1. The Defendants jointly and severally committed against the Plaintiff KRW 167,00,000 and Defendant C and D Co., Ltd. with respect thereto from January 23, 2015.
Reasons
1. Basic facts
A. Defendant D Co., Ltd. (hereinafter “Defendant D”) is a company established for the purpose of oil sale and brokerage, etc., and Defendant C is a representative director of Defendant D, and Defendant B is a person who serves as a director in charge of the business of Defendant D.
B. In order to raise the operating funds of Defendant C and Defendant D as joint borrowers, Defendant C borrowed KRW 40 million on December 27, 2013 and KRW 50 million on January 8, 2014, KRW 30 million on January 16, 2014, KRW 167 million on August 1, 2014, and KRW 167 million on a joint and several debt of Defendant C and D with each of the above loans against the Plaintiff.
C. The Plaintiff had not been repaid at all from the Defendants until now.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff the above loan amount of KRW 167 million, and the defendant C and D from January 23, 2015, following the delivery day of the original copy of the instant payment order, and the defendant B, from June 3, 2015, the day following the delivery day of the copy of the instant complaint, which is the day of the instant decision, to dispute over the existence or scope of each of the defendants' obligations, as to the existence or scope of such obligations, until July 8, 2015, which is the day of the instant decision, and the delay damages by 20% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
Meanwhile, the Plaintiff claimed for the payment of KRW 40 million from December 27, 2013 to KRW 50 million; from January 8, 2014 to KRW 30 million; from January 16, 2014 to KRW 47 million; from August 1, 2014 to the delivery date of the original copy of the instant payment order; however, from August 1, 2014 to the delivery date of the copy of the instant written complaint, the Plaintiff also claimed the payment of damages for delay from KRW 47 million to KRW 30 million.