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1. The Defendants jointly and severally committed against the Plaintiff KRW 287,729,348 and Defendant A Co., Ltd. from August 9, 2014.
Reasons
1. Basic facts
A. On September 2, 2011, Defendant A Co., Ltd. (hereinafter “A”) requested the Plaintiff to lend Chinese currency 1,603,485 RB (RB is the English weak in the above Chinese currency unit) corresponding to the contract amount. The Plaintiff paid 120,000 RB to Defendant A through the new-line material limited construction work, which is the Plaintiff’s subsidiary company, and transferred the remaining Chinese currency 1,483,485 RB to the account in the name of D upon Defendant A’s request.
B. Meanwhile, on September 2, 2011, Defendant A, with the debtor on September 2, 201, borrowed Chinese currency 1,603,485RB from the plaintiff, and used the loan to carry out the Chinese annual Y01, Y02 DEC HE materials and construction contract. Defendant B promised to pay the loan as soon as the Plaintiff claims the return of the loan due to the problem in the performance of the contract, and the interest shall be 8.5% at the time of repayment (hereinafter “the loan certificate of this case”). On the same day, Defendant B signed a loan certificate with the purport that “the loan of this case shall be 8.5% at the time of repayment” (hereinafter “the loan certificate of this case”).
On the other hand, Defendant C is a joint and several surety on the loan certificate of this case.
C. Defendant A is in the state of suspending all business activities due to the suspension of current account transactions at around October 19, 201, prior to the implementation of the procedures under the Chinese annual Y01, Y02 DECK HUE materials and construction contracts.
At the time of the closing of the argument in this case, the basic exchange of Madernization is KRW 178.73 per 1st century.
[Ground of recognition] As to Defendant A and B: Confession of confession (Article 150(3) and (1) of the Civil Procedure Act) (Article 150(3) of the Civil Procedure Act)
2. Determination
A. According to the above findings of the determination as to the cause of the claim, Defendant A is the principal debtor, and Defendant B and C jointly and severally, as joint and several sureties, converted Chinese currency 1,603,485RB to the Plaintiff at the exchange rate as at the date of the closing of the argument in this case.