beta
Text
1. The Defendants are jointly and severally liable to the Plaintiff for 43,50,000 won and the period from October 2, 2008 to September 30, 2015.
Reasons
1. Basic facts
A. On September 2008, the Plaintiff filed an application against the Defendants for the payment order (the Republic of Korea District Court No. 2008Guj3647) with the purport of the claim that “the Defendants jointly and severally pay to the Plaintiff the amount of KRW 43,500,000 and the expenses for demand procedure calculated at the rate of 20% per annum from the next day of the delivery of the original payment order to the full payment.”
B. On September 19, 2008, a payment order, the same as the Plaintiff’s purport of the claim (hereinafter “instant payment order”) was issued, and was served on October 1, 2008 on the Defendants. The instant payment order was finalized on October 16, 2008.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 9 and 14, the purport of the whole pleadings
2. Summary of the parties' arguments
A. On November 25, 2005, the Plaintiff, around November 25, 2005, lent KRW 30,000,000 as business funds to Defendant B with interest rate of KRW 15% per annum (hereinafter “instant loan”), and the Defendant C also participated in the business operated by Defendant B as the representative director of the corporation (D Co., Ltd.). The Defendant B knowingly and jointly guaranteed Defendant B’s debt.
However, the Plaintiff filed an application for the instant payment order claiming KRW 43,500,000 after combining the principal amount of KRW 30,000,000 and interest of KRW 13,50,000 for three years (=30,000,000 x 15% x 3 years) due to the Defendants’ failure to repay the instant loan, and the instant payment order was issued and finalized.
Since the completion of the extinctive prescription of the instant payment order is imminent, the instant lawsuit is filed for the extension of the statute of limitations.
B. Defendant B: (a) Defendant B borrowed money from the Plaintiff several times; (b) the Plaintiff and Defendant B agreed that the total amount of the debt would be KRW 200,000,000. The above payment order for KRW 200,000 was issued against the payment order for KRW 200,000 (Seoul District Court 200,000,000, the Namyang-si District Court 200,000,000 (hereinafter “relevant payment order”).
This order was issued, and the plaintiff is a related payment order.