beta
Text
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 200,000,00 and the Defendants Company B from April 16, 2019.
Reasons
1. Determination as to the claim against Defendant B Co., Ltd. (hereinafter “Defendant Company”).
A. On February 1, 2019, between the Plaintiff and the Defendant Company to determine the cause of the claim, the Plaintiff paid 200 million won as the contractual performance guarantee amount to the Defendant Company as the borrowed money by the Defendant Company. The Defendant Company pays to the Plaintiff up to May 31, 2019, and the Plaintiff pays interest at the rate of 6% per annum from February 1, 2019 to February 20, 2019, there is no dispute between the parties.
Therefore, the Defendant Company is obligated to pay interest or delay damages at the rate of 20 million won and 6% per annum from April 16, 2019 to July 1, 2019, the delivery date of a copy of the complaint of this case, which is the day of the delivery of a copy of the complaint of this case, and 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment, unless there are special circumstances to the Plaintiff.
B. As the Defendant Company’s defense defense defenses that the Plaintiff had already paid interest accrued until May 15, 2019, the fact that the Defendant Company remitted the amount of KRW 1,00,000 to the Plaintiff’s account under the Plaintiff’s name, according to each of subparagraph (1) through (4) of the evidence No. 1-20, Feb. 28, 2019; KRW 715,081, Apr. 30, 2019; KRW 738,918, May 31, 2019; and KRW 985,224, Jul. 4, 2019.
However, according to the purport of Gap evidence No. 7 and the whole pleadings, it is also acknowledged that the plaintiff returned KRW 985,224 to the defendant company on July 4, 2019 as it is. The total amount of interest paid by the defendant company to the plaintiff is KRW 2,453,99 (= KRW 1,000,000, KRW 715,081, KRW 738,918). This is 74-day interest for 74 days from February 1, 2019 to April 15, 2019 (=2,453,99 ± daily interest KRW 32,876,200 ± annual interest rate 】 6% ± 365 days ± less than KRW 365,918). Thus, the above defense is not reasonable.
C. The plaintiff's claim against the defendant company is justified.