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1. The Defendants jointly and severally committed against the Plaintiff KRW 60,000,000 and Defendant A from September 21, 2014 to November 3, 2015.
Reasons
1. Determination as to the cause of claim
A. The Plaintiff is a stock company that aims at the soil construction business. On August 5, 2014, the Plaintiff lent KRW 60,000,000 to Defendant A with the due date set on September 20, 2014 (hereinafter “instant loan”). The fact that Defendant B guaranteed the above loan obligations on the same date is either disputing among the parties, or can be recognized by comprehensively taking into account the overall purport of the pleadings as set forth in the evidence Nos. 1 and 2.
B. Therefore, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 60,000,000 and damages for delay at each rate of KRW 15% per annum under the respective Commercial Act from September 21, 2014, which is the day following the due date for repayment, to November 3, 2015, which was served on Defendant A by the original copy of the instant payment order, and Defendant B, until November 11, 2015, which was served on Defendant A by the original copy of the instant payment order, and from the following day to the day of full payment.
2. Determination on the assertion and defense
A. First, Defendant A asserts to the effect that the actual principal debtor of the instant loan obligation is Defendant B, and Defendant A does not have an obligation to repay it to the Plaintiff. However, Defendant A’s allegation is without merit since the instant loan agreement is null and void or the instant loan obligation cannot be deemed exempted solely for the foregoing reason.
B. Next, the Defendants asserted that they paid KRW 130,000,000 to the Plaintiff on March 5, 2015 and repaid all the instant loan obligations. Accordingly, the Defendants paid KRW 130,000,000 to the Plaintiff on March 5, 2015, and there is no dispute between the parties, but the parties did not dispute, and the overall purport of the pleadings is taken into account in each of the statements in subparagraphs 3 and 6, Defendant B received subcontract from the Telecommunications Industry Development Co., Ltd. in the name of the Plaintiff from around 2012 to July 30, 2015.