beta
Text
1. Defendant B shall pay to the Plaintiff KRW 222,200,000 and the interest rate of KRW 15% per annum from December 30, 2017 to the date of full payment.
Reasons
1. Claim against the defendant B
A. The Plaintiff is the Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd.”) from September 29, 2014 to November 24, 2015.
(2) Defendant B, the vice president of the instant complaint, lent KRW 250,22 million to Defendant B, the sum of KRW 150,000,000,000,000 to the Plaintiff on February 17, 2015, and KRW 25,000,000,000 to the Plaintiff on March 4, 2015. Accordingly, Defendant B is obligated to pay damages for delay calculated at the rate of KRW 222,22,200,00 and the amount of damages for delay calculated at the rate of 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from December 30, 2017 to the date of full payment after the duplicate of the instant complaint was served on the Plaintiff.
(b) Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts;
2. Claim against the defendant company
A. The Plaintiff asserted that the Plaintiff would allow the Defendant company to supply equipment when lending money from Defendant B. On October 3, 2014, when visiting the Defendant company, the representative director D and the person in charge of material purchase were the vice president of the Defendant Company and the person in charge of the Seoul Office. The Plaintiff meetings on the supply of equipment and materials.
As such, the Plaintiff trusted that the Defendant Company may supply the materials of at least one billion won to the Defendant Company, and lent KRW 250 million to the Defendant Company as business funds. As such, the Defendant Company is jointly and severally liable with the Defendant Company as the nominal lender under Article 24 of the Commercial Act, who is jointly and severally liable to pay the borrowed money and the damages for delay.
B. Determination 1) According to the respective statements and the entire purport of evidence Nos. 1, 2, and 1, the Plaintiff loaned 250,2200,000 won to Defendant B on 15 occasions from September 29, 2014 to November 24, 2015, and the Plaintiff and Defendant B lent 20,000,000 won to Defendant B on 15, September 23, 2015 without interest, with the purport that the Plaintiff set the maturity of KRW 213,00,000 to Defendant B as of January 15, 2016 (a notary public).