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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 54,010,000 and the interest thereon from May 5, 2012 to the date of complete payment.
Reasons
1. Basic facts
A. On April 4, 2011, the Plaintiff entered into an agreement with Defendant B with the following contents, and Defendant C Co., Ltd (hereinafter “Defendant Company”) and D jointly and severally guaranteed Defendant B’s obligations under the said agreement.
① The Plaintiff lends KRW 100,000,000 to Defendant B with respect to housing redevelopment improvement projects in progress in the 2-dong zone of the Nam-gu Incheon Metropolitan City, and lends KRW 50,000,000 until April 13, 201 (Provided, That this Agreement shall apply by lending KRW 10,000,000 before the date of this Agreement), and KRW 50,000,000 until April 30, 201.
② If Defendant B ordered the Plaintiff to conclude a contract for removal works by receiving an order of removal from the redevelopment cooperative, the said loan shall not be returned.
3. If the Defendant B is unable to receive removal services from the redevelopment partnership, the principal amount of the loan shall be refunded to KRW 100,000,000 within one year from the date of this Agreement.
4. Where Defendant B fails to receive removal services from the redevelopment partnership within one year from the date of this Agreement, he/she shall return KRW 200,000 within one year from the date of this Agreement and shall pay the interest calculated at the rate of 20% per annum if the date of the payment is to be exceeded.
B. In accordance with the instant agreement, the Plaintiff lent KRW 70,000,000 to Defendant B on February 23, 2011, KRW 20,000,000 on April 19, 2011, KRW 20,000 on May 4, 2011, and KRW 20,000,000 on May 23, 2011, and KRW 70,000,000 on May 23, 2011, the Plaintiff failed to comply with the instant agreement, even though Defendant B was able to reach an agreement to force the redevelopment partnership’s head, the Plaintiff did not immediately lend KRW 30,00,00.
C. Defendant B failed to introduce the president of the redevelopment association to the Plaintiff, and failed to order the Plaintiff to enter into a contract for removal works on the ground that the removal works were not ordered.
Meanwhile, Defendant B returned to the Plaintiff KRW 36,90,000,000 on September 1, 2012, and KRW 10,000,00 on May 6, 2013, and KRW 1,990,00 on July 15, 2013.
[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, Eul.