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1. The Plaintiff:
A. Defendants B, C, and D are jointly and severally and severally liable for KRW 91,00,000,000 and the same from November 15, 2014.
Reasons
1. Facts of recognition;
A. On August 4, 2014, the Plaintiff paid KRW 100 million to F for investment in aggregate business.
B. On October 13, 2014, the Defendant Limited Company C (hereinafter the Defendant Company), B, and D, who did not proceed smoothly with the investment in the aggregate business, prepared a cash loan certificate stating that “The said three parties jointly and severally guaranteed the F’s obligation to pay KRW 100 million to the Plaintiff, thereby repaying KRW 100 million up to November 14, 2014, and, if not repaid up to that time, the said third party shall pay damages for delay at 20% per annum from the following day,” and prepared an authentic deed of a monetary loan agreement with this content.
C. Since then, the Plaintiff requested Defendant E to collect the above claim, and the above Defendant 3 paid nine million won to Defendant E.
However, Defendant E did not provide the Plaintiff with the money received.
[Reasons for Recognition] Evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. According to the above facts finding, Defendant Company and Defendant B and D are jointly and severally liable to pay to the Plaintiff the remainder amount of KRW 91 million and delay damages calculated by the rate of 20% per annum from November 15, 2014 to the date of full payment.
In addition, the mandatory shall deliver the money received from the handling of the delegated affairs to the delegating (Article 684(1) of the Civil Act). Since there is no dispute over the fact that Defendant E is delegated with the collection of claims, Defendant E is obligated to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from September 27, 2016 to the day following the delivery date of a copy of the application for the change of the purport of claims and the cause of claims, as the Plaintiff seeks, to the Plaintiff.
As to this, Defendant E is an attorney-at-law fee for a case in which the Plaintiff filed a complaint against Defendant B and D in relation to the above aggregate business, which should be received from the Plaintiff in the course of the joint purchase of the land and buildings for the G principal in the Jeondo-gun, Jeonnam-gun, and the foregoing aggregate business.