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1. The Defendants jointly pay to the Plaintiff KRW 63,388,976 as well as KRW 59,295,357 as from August 6, 2018.
Reasons
1. Facts of recognition;
A. On February 24, 2017, the Plaintiff lent KRW 100 million to Defendant B Co., Ltd. (hereinafter “Defendant B”).
B. On May 17, 2017, the Plaintiff and Defendant B agreed to pay the repayment period of KRW 100 million as of May 26, 2017, in addition to the damages for delay calculated at the rate of 19% per annum if the Defendant is unable to repay the said amount by the said payment period.
C. However, on May 26, 2017, Defendant B did not pay the Plaintiff the said loan amount of KRW 100 million until May 26, 2017, and Defendant B paid only KRW 15 million on July 3, 2017, the 38th day thereafter, and did not pay the said loan amount.
On February 22, 2018, the Plaintiff and Defendant B agreed to pay 50 million won as of March 1, 2018, and the remainder of 50 million won to the Plaintiff on April 1, 2018, respectively. Defendant C (hereinafter “Defendant C”) agreed to pay the Plaintiff the loan borrowed to the Plaintiff by April 1, 2018. The Plaintiff and Defendant C (hereinafter “Defendant C”) agreed to pay the loan borrowed to the Plaintiff immediately as the guarantor if Defendant B did not pay the loan borrowed to the Plaintiff by April 1, 2018.
E. In addition, on March 2, 2018, Defendant B repaid the Plaintiff KRW 40 million.
[Grounds for recognition] The descriptions of evidence Nos. 1 and 2, and the purport of the whole pleadings
2. According to the above facts of determination, Defendant B is obligated to pay the Plaintiff 10 million won and damages for delay calculated by the rate of 19% per annum from May 27, 2017 to the date of full payment, since Defendant B did not repay the borrowed amount of KRW 100 million until May 26, 2017, which is the agreed due date.
In the meantime, Defendant B paid KRW 15 million on July 3, 2017. This is first appropriated for KRW 1,978,082 that occurred up to that time pursuant to Article 479 of the Civil Act, and the remainder of KRW 13,021,918 is appropriated for principal, and eventually, the Plaintiff’s loan claim against Defendant B remains at the rate of KRW 86,978,082 and interest rate of KRW 19% per annum from July 4, 2017 to the date of full payment.