beta
Text
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 1,061,91,90 and the interest rate from July 14, 2016 to the day of full payment.
Reasons
1. Basic facts
A. The Plaintiff is a company established for the purpose of manufacturing medicines on April 27, 1962. Defendant A (hereinafter “Defendant Company”) is a company established for the purpose of pharmaceutical wholesale and retail business on April 8, 2009, and Defendant B is the representative director of the Defendant Company.
B. The Plaintiff lent to the Defendant Company KRW 10 million on May 6, 2015, and KRW 200 million on May 13, 2015, without setting each due date.
C. On June 1, 2015, upon the request of the Defendant Company, the Plaintiff transferred KRW 471,911,900 to the Indonesa Hospital (hereinafter “Indonesa Hospital”), which is the customer of the Defendant Company, to the Indonesa Hospital (hereinafter “Indonesa Hospital”).
The Defendant Company endorsed each of the bills issued on March 31, 2015, April 1, 2015, and April 30, 2015 and delivered them to the Plaintiff on the aggregate of KRW 290,000,000 issued on April 30, 2015. The said bills were issued on June 30, 2015 and on July 31, 2015.
E. On October 15, 2015, Defendant B drafted a letter with Defendant Company that the Plaintiff would jointly and severally pay the Plaintiff the entire obligation to the Plaintiff.
【Defendant Company’s Grounds for Recognition: In the absence of dispute, each entry of Gap’s evidence Nos. 1, 2, and 3, and all of the arguments against Defendant B: Confession (Article 150 of the Civil Procedure Act)
2. According to the above facts of determination, the Defendants are obligated to pay to the Plaintiff the total amount of KRW 771,911,900 ( KRW 100 million ( KRW 471,91,900) and KRW 290,000,000 for bills. Thus, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 1,061,911,900 (=71,911,900 KRW 290,000) and the damages for delay calculated at the rate of KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 14, 2016 to the date of full payment, which is the day following the day when the duplicate of the application for the instant payment order was finally served to the Defendants.
3. Therefore, the plaintiff's claim of this case is reasonable.