beta
Text
1. The Plaintiff:
A. Defendant B’s KRW 45,00,000 and for this, KRW 5% per annum from December 20, 2014 to April 15, 2016.
Reasons
1. According to the overall purport of the evidence Nos. 1 and 2 as to the claim against Defendant B, the Plaintiff loaned the amount of KRW 45 million to Defendant B on May 22, 2014, with the interest rate of KRW 500,000 per month, and the due date of payment on April 10, 2015. Since then, the Plaintiff reduced Defendant B and the interest rate of KRW 200,000 per month on November 18, 2014, with the due date extended on September 30, 2016, and Defendant B did not pay the principal and interest immediately after the due date on two or more occasions, it can be recognized that the Plaintiff agreed to lose the benefit of the due date and pay the principal and interest in arrears, and that Defendant B lost the benefit of the due date on more than two occasions.
According to the above facts of recognition, Defendant B is obligated to pay to the Plaintiff interest or delay damages calculated at the rate of 5% per annum from December 20, 2014 to April 15, 2016, the delivery date of the copy of the complaint of this case, as claimed by the Plaintiff, and at the rate of 15% per annum from the next day to the date of full payment.
2. As to the claim against Defendant C Co., Ltd. and D
A. The plaintiff asserted by the parties that, in the event that the defendant B failed to pay the loan amounting to KRW 45 million, the defendant C Co., Ltd. (hereinafter "the defendant company") and the defendant D prepared and delivered a letter of performance to the plaintiff that they would repay the loan amounting to KRW 45 million (hereinafter "the letter of performance of this case"). Thus, the above defendants are jointly and severally liable with the defendant B to pay the plaintiff KRW 45 million.
As to this, the defendant company and the defendant D have the validity of the letter of performance of this case signed by the representative director of the defendant company, and the E did not have the signature of the E, and the defendant B has the seal imprint of the defendant company at his own discretion, so the letter of performance of payment is invalid.
B. Defendant B, who is in the evidence No. 3 (Performance Statement).