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1. The defendant limited liability company C shall pay to the Plaintiff KRW 100,000,000 as well as to the day of full payment from February 3, 2016 to the day of full payment.
Reasons
Basic Facts
The defendant limited liability company C (hereinafter referred to as the "defendant company") is a company for the purpose of manufacturing and processing steel products and steel structure, and the defendant B is registered as the representative director. However, the actual operation of the company is entrusted by the defendant B.
Around December 201, Defendant B’s father, who substantially operates the Defendant Company, requested the Plaintiff to lend funds to the Defendant Company for the operation of the Defendant Company. On December 26, 2011, the Plaintiff deposited KRW 100,000,000 to the account in the name of Defendant B.
At the time, the interest rate of the above loan was set at 1% per month (12%).
Accordingly, the Defendant Company set up a collateral security right of KRW 120,000,000 on the real estate owned by it (the second warehouse of the Dolsan City D Do Do Do Do Do Do Do Do Do d Do Do and its ground steel framed Do Do Do Do Gapppdong) and the debtor company's company.
In order to set up the above right to collateral security, the “right to collateral security” is indicated as the Defendant Company.
The Plaintiff received interest of KRW 1 million each month from January 26, 2012 to February 2, 2016 from Defendant B’s account.
[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1 through 4, 6, and 7 (if there are provisional numbers, including each number), and the purport of the entire pleadings, the plaintiff is obligated to pay interest and delay damages calculated at the rate of 12% per annum from February 3, 2016 to the date of full payment, since the plaintiff loaned to the defendant company 12% per annum, and the plaintiff demanded payment of the principal and interest of the loan by the delivery of a copy of the complaint in this case. Thus, the defendant company is obligated to pay to the plaintiff the interest and delay damages calculated at the rate of 12% per annum from February 3, 2016 to the date of full payment.
The plaintiff himself, not the defendant company, lent 100,000,000 won to the defendant company Eul, and it is merely a joint and several surety by the defendant company.