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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 36,148,595 and KRW 11,00,000 among them, from September 1, 2016, and KRW 11,00.
Reasons
1. Basic facts
A. The Plaintiff, from December 29, 2006, lent money to Defendant C or the above Defendant Company B, a representative director, several times.
B. On July 22, 2015, the Defendants agreed to jointly and severally pay the Plaintiff KRW 400,000,000 (hereinafter “instant loan”) to the Plaintiff in installments as follows (hereinafter “instant agreement”).
The plaintiff and the defendants agree to repay debts on the basis of mutual trust as follows:
C. Foods
1. The Defendants decide to pay KRW 400,000,000, out of the borrowed money borrowed from the Plaintiff during the meantime, as prescribed in paragraph (2).
2. The amount of KRW 400,000,000 to be repaid shall be paid in installments for a period of 36 months from August 31, 2015, and KRW 11,000,000 shall be paid on the last day of each month, and KRW 15,00,000 shall be paid on the last day of the month which becomes the last 36 months. If the payment is delayed at once, the damages for delay calculated at the rate of 10% per annum from the date of delay until the date of full payment shall be added.
Provided, That where delay in payment occurs, if a separate agreement is made with the plaintiff, such agreement shall apply.
C. The Defendants repaid the Plaintiff total of KRW 2,00,000,00 on August 10, 2015, KRW 3,000,00 on October 1, 2015, KRW 11,00,000 on December 29, 2015, KRW 11,000,000 on January 29, 2016, KRW 11,000,00 on February 29, 2016, KRW 11,000 on April 5, 2016, KRW 11,000,000 on April 5, 2016, KRW 61,000 on June 23, 2016, KRW 200,00 on August 29, 2000, KRW 300 on the total amount of the loan.
[Ground for Recognition: Facts without dispute, Gap evidence 1, Eul evidence 1 to 4 (including branch numbers, if any) and the purport of whole pleadings]
2. Determination as to the cause of action
A. As to whether the Plaintiff lost the benefit of time, the Plaintiff sought an immediate performance of KRW 268,000,000 (=400,000,000 - 132,000,000), which is the full balance of the instant loan, against the Defendants, and thus, whether the Defendants lost the benefit of time due to the repayment of the instant loan.