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1. The Plaintiff:
A. The Defendants shall jointly and severally pay KRW 80,000,000 and the interest thereon from September 28, 2017 to the date of complete payment.
Reasons
1. Facts of recognition;
A. On May 25, 2012, Defendant B agreed to borrow KRW 30 million from the Plaintiff on May 25, 2012, to pay interest on the 25th of each month, and to repay the principal between May 25, 2012 and May 25, 2013.
B. On September 17, 2012, Defendant B borrowed KRW 5 million from the Plaintiff, and agreed to pay interest on the 25th day of each month, and the principal from September 17, 2012 to September 17, 2013.
C. On December 5, 2012, Defendant C borrowed KRW 80 million from the Plaintiff, and agreed that interest shall be paid on the fifth day of each month, and the principal shall be repaid between December 5, 2012 and May 30, 2013, and Defendant B jointly and severally guaranteed Defendant C’s above loan obligation.
[Ground of recognition] Unsatisfy, Gap evidence 1-1-3, and the purport of whole pleadings
2. Judgment on the plaintiff's claim
A. According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay at the rate of 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from September 28, 2017 to the date of final delivery of the copy of the application for the instant payment order, as requested by the Plaintiff, from September 28, 2017 to the date of full payment. Defendant B is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum from September 28, 2017 to the date of full payment. Defendant B is liable to pay to the Plaintiff damages for delay at the rate of 35 million won per annum from April 14, 2017 to the date of full payment, as claimed by the Plaintiff.
B. As to this, Defendant B asserted that the Plaintiff paid a total of KRW 80 million out of the loan obligations of KRW 15 million, but there is no evidence to acknowledge that Defendant B paid a total of KRW 80 million to the Plaintiff, and even if so, the payment was made.
Even if there is no interest in the borrowed principal of KRW 15 million.