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1. Defendant B shall be jointly and severally paid to the Plaintiff KRW 150,000,000, and the amount shall be fully paid from May 24, 2017 to the Plaintiff.
Reasons
1. Basic facts
A. On June 20, 2012, the Plaintiff agreed to lend KRW 150,000,000 to D as a fund for the new construction of a factory (hereinafter “instant loan”) and to repay the instant loan at the time of the commencement of the new construction of a factory.
B. On August 24, 2012, the Plaintiff and D Co., Ltd. agreed to the Plaintiff to contract the construction of the said factory with the Plaintiff, and to settle the instant loan obligations when settling the balance of the said construction.
In addition, on August 24, 2012, E and Defendant B jointly and severally guaranteed the instant loan obligations to the Plaintiff.
C. After that, D Co., Ltd. did not place an order for the new construction of a factory, and did not pay the instant loan obligations to the Plaintiff, thereby urging the Plaintiff to repay. D Co., Ltd. agreed to pay KRW 60,000,000 to the Plaintiff by April 18, 2014 as the repayment of the instant loan obligations until April 18, 2014, and KRW 100,000,000,000 until April 30, 2014, and E jointly and severally guaranteed the said obligation under the said agreement.
Defendant C served as a representative director of D Co., Ltd from October 14, 2011 to August 12, 2013.
[Ground of recognition] B between the Plaintiff and Defendant B: Facts without dispute, Gap evidence Nos. 1, 2, 3, 4, Eul evidence Nos. 1, Eul evidence Nos. 1, Eul evidence Nos. 1, witness F’s testimony, the purport of the whole pleadings, and between the Plaintiff and Defendant C: The facts not dispute, Gap evidence Nos. 1, 3, 4, Eul evidence No. 1, witness F’s testimony, the purport of the whole pleadings.
2. According to the above facts finding as to the claim against Defendant B, Defendant B is jointly and severally liable to pay to the Plaintiff KRW 150,000,000 of the instant loan and damages for delay calculated at the rate of 15% per annum from May 24, 2017 to the date of full payment, which is the following day after the original copy of the payment order was served on the Defendants.
3. Determination as to the claim against Defendant C
A. The gist of the Plaintiff’s assertion was that Defendant C jointly and severally guaranteed the instant loan obligations.
(b).