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1. Defendant B shall pay 50,000,000 won to the Plaintiff and 24% per annum from July 10, 2015 to the Plaintiff.
Reasons
1. As to the cause of claim
A. On July 9, 2015, Defendant B borrowed KRW 50,000 from the Plaintiff as interest rate of KRW 2%, and on May 20, 2016, Defendant B borrowed KRW 75,000 from the Plaintiff on January 12, 2016. (2) Defendant B borrowed KRW 75,000,000 from the Plaintiff on January 12, 2016 and on July 4, 2016, Defendant C, the wife, jointly and severally guaranteed the above loan obligation.
(1) The sum of the amounts borrowed in paragraphs (1) and (2) shall be hereinafter referred to as the "amount borrowed in this case"). / [Grounds for recognition] The facts in which there is no dispute, and the entries in Gap evidence 1, 2, and 3
B. Determination 1) Defendant B is obligated to pay to the Plaintiff interest or delay damages at the rate of 24% per annum from July 10, 2015 to the date of full payment. (2) The Defendants are jointly and severally liable to pay to the Plaintiff the interest or delay damages at the rate of 75,00,000 won and the rate of 24% per annum from January 13, 2016 to the date of full payment.
2. As to the defendants' assertion
A. The Plaintiff’s assertion 1) In relation to the instant loan, the Plaintiff’s claim cannot be complied with since the Plaintiff took a disposition to bring out retirement machinery of at least 125,00,000 won at the market price.
B) The sales contract for compost-production machinery instead of KRW 70,728,000 is formally prepared under the pretext that the Plaintiff protects the obligee. (2) The Plaintiff was entitled to KRW 70,728,000, separate from the loan of this case. However, the machinery was delivered in lieu of paying the fee.
B. 1) On May 11, 2016, D Co., Ltd. (hereinafter “D” and Defendant C’s representative director) drafted a written contract that the Plaintiff sold out of KRW 125,00,000 to E Co., Ltd. (hereinafter “E”) that the Plaintiff was a director. On the end of the said written contract, D’s seal imprinted D’s seal imprint on May 11, 2016, stating “16.5.2” as at the end of the said contract, and discarded the said contract. (ii) D’s seal imprinted D’s seal imprinted to E on May 11, 2016.