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1. The Defendant is jointly and severally and severally with C to the Plaintiff KRW 50 million and the period from June 21, 2015 to March 16, 2017.
Reasons
1. The following facts may be found either in dispute between the parties or in accordance with Gap evidence Nos. 1, 2 (including paper numbers; hereinafter the same shall apply), and Eul evidence Nos. 1, by taking into account the whole purport of the pleadings:
Amount: 100 million won on May 14, 2013: The interest rate on May 14, 2016: Two copies (2 million won per month): On the 25th day of each month, the above amount is borrowed under the above conditions, and the corporeal movables printed machines (4-1 in 200,000 won prior to the date of payment in kind) are provided as collateral, and the payment in kind is made separately.
(b) The above loan amounts to KRW 100,000,000,000,000,000,000,000,00
On January 20, 2015, the Defendant drafted a loan certificate (hereinafter “instant loan certificate”) with the following content to the Plaintiff.
Article 1 (Purpose) The purpose of this Agreement is to assign possessory right to corporeal movables printing machines (4 color 1) being used as leased assets in lieu of satisfaction of the obligation of KRW 100,000,000,000, to Party A (the Plaintiff) and Party B (the Defendant) pursuant to the payment contract in lieu of satisfaction of the obligation of KRW 100,000,000,000 to Party B, and to provide for necessary matters.
Article 2 (Transfer of Possessory Right) In the event of any of the following subparagraphs, the printing machine of the preceding Article shall be transferred to Gap and shall not be sold to any third party at will:
(1) If the obligation is unable to be repaid, (2) the interest of the obligation under the preceding section is in arrears for not less than three months;
B. On the same day, the Defendant prepared an accord and satisfaction contract between the Plaintiff and the Plaintiff, and entrusted the law firm document with the certification of the said contract.
2. The assertion and judgment
A. The summary of the Plaintiff’s assertion (1) although the Defendant is obligated to pay the Plaintiff KRW 100 million and interest thereon, from January 21, 2015 to January 20, 2015, the Plaintiff is obligated to pay the Plaintiff interest of KRW 2 million.