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1. The Defendants shall jointly and severally serve as KRW 900,000,000 on the Plaintiff and the period from January 1, 2015 to January 12, 2017.
Reasons
1. Basic facts
A. A. Around February 2013, the Plaintiff leased KRW 1 billion to Defendant B Co., Ltd. (former trade name: D Co., Ltd.; hereinafter “B”) at 1% of interest per month and on March 15, 2013 (hereinafter “first lending”).
B. On June 26, 2013, the Plaintiff leased the amount of KRW 500 million to Defendant B on July 12, 2013 (hereinafter “second lending”).
C. On November 29, 2013, Defendant B, having written its payment undertaking, paid to the Plaintiff the interest amounting to KRW 1.5 billion (1%) per month, including the loans Nos. 1 and 2, by the 20th day of each month, and written its payment undertaking to repay the said loans by January 29, 2014, and Defendant C guaranteed the said loans owed to the Plaintiff by the same day.
The loan obligations of the remaining 1, 2, 1, and 2 remain at the rate of 12% per annum, which is the agreement rateing from January 1, 2015 to the date of full payment.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including branch numbers in case of additional number), the purport of the whole pleadings
2. According to the facts established prior to the determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the total amount of KRW 900 million loans remaining 1,200,000,000,000 per annum from January 1, 2015 to January 12, 2017, the delivery date of the copy of the complaint in this case, and damages for delay calculated at the rate of 12% per annum from the next day to the date of full payment.
3. Judgment on the defendants' assertion
A. A. Around November 201, 2014, the Defendants’ assertion that the Defendants asserted (hereinafter “original”) constituted a non-performance of the Defendants’ 1 and 2 loans. As such, the Plaintiff’s claim of this case is without merit.
(b) If the assumption of the obligation is overlapped, it is a matter of interpretation of the intent of the parties as indicated in the assumption of the obligation agreement, and is subject to the assumption of the obligation.