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1. Defendant C shall pay to the Plaintiff KRW 87 million and the interest rate of KRW 15% per annum from July 27, 2016 to the day of complete payment.
Reasons
1. The plaintiff's assertion as to the grounds for the claim of the payment order attached to the plaintiff's assertion
(However, the creditor shall be the plaintiff, the debtor). 2. Determination
A. Defendant C’s obligation to return Defendant C’s loan was led to the Plaintiff’s obligation to return the loan amounting to KRW 87 million.
Therefore, Defendant C is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum from July 27, 2016 to the day of full payment, which is the day following the delivery of the instant payment order, as sought by the Plaintiff.
B. Comprehensively taking into account the following facts: (a) Defendant C entered into a service agreement with the Plaintiff on July 14, 2014 regarding “one appurtenant work, such as delivery, installation, trial run, and gas pipes,” under the name of the Plaintiff and the Plaintiff on September 16, 2014; (b) the Plaintiff deposited KRW 87 million in the Korean bank account (G) in the name of the Defendant F used in the above E on September 16, 2014; (c) the Plaintiff prepared a service agreement with the Plaintiff on July 14, 2014 regarding the replacement of installation of automatic water quality measurement equipment under the name of the Defendant D, including KRW 87 million; (d) around October 8, 2014; and (e) prepared a loan agreement with the Plaintiff up to 87 million won, including the said KRW 87 million in the name of the Plaintiff C around 2015; and (e) prepared a loan agreement with the Plaintiff on September 28, 2014.
According to the above evidence, 87 million won is part of the money loaned by the Plaintiff to Defendant C for the smooth performance of the above service contract. Furthermore, as to whether Defendant C is jointly and severally liable to repay the above money to the Plaintiff, it is reasonable to recognize the assertion as to Defendant D solely based on the above evidence and the above-mentioned facts.