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1. The plaintiff's claim against the defendants is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Both claims;
A. On November 7, 2012, the Plaintiff agreed to lend KRW 50 million to Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) at an annual interest rate of KRW 48% and due date on January 7, 2013 (hereinafter “instant loan”) and transferred KRW 47.8 million to the Defendant Co., Ltd. on the same day, and Defendant B guaranteed the instant loan obligations on the same day.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 50,000,000 and damages for delay at the rate of KRW 30% per annum from April 1, 2013 to the date of full payment.
B. The Defendants’ lender of the instant loan is not the Plaintiff but D.
As the Defendant Company failed to repay the instant loan by the maturity, D fulfilled the collateral security right for the shares offered as security of the instant loan.
Defendant B paid KRW 4 million to the Plaintiff’s intra-company director E on February 4, 2015, and agreed to settle the instant loan, and paid KRW 4 million in full from February 4, 2015 to February 25, 2015, Defendant B terminated the instant loan obligations.
2. According to the evidence Nos. 1, 2, and 4 (including household numbers) of the judgment, the Plaintiff and the Defendants jointly and severally guaranteed by Defendant B agreed to lend KRW 50 million to the Defendant Company at an annual interest rate of KRW 48% and due date of payment on Nov. 7, 2012, which the Plaintiff agreed to lend to the Defendant Company on Nov. 7, 2013, and on the same day, the Defendant Company’s deposit account was transferred from F to the Defendant Company’s deposit account.
However, the following circumstances, which are acknowledged by comprehensively taking account of the overall purport of the arguments in the evidence mentioned above, Gap evidence Nos. 3, 4, Eul evidence Nos. 1, 2, and 3, i.e., D shall lend the instant loan to the defendant company, assess the amount of KRW 109,000,000, and transfer from the defendant company to the defendant company.