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1. The Defendants are jointly and severally and severally liable to the Plaintiff, as to KRW 96,154,516, and KRW 94,220,00 among them, from July 25, 2019.
Reasons
1. Facts of recognition;
A. On June 25, 2015, the Plaintiff entered into a business agreement with H Co., Ltd. (hereinafter “Defendant Co., Ltd.”) that implements real estate sale business in Jeju E, F, and G, Defendant D Co., Ltd. (hereinafter “Defendant Co., Ltd”) that is its contractor, with an intermediate payment loan to the seller for the said business, and the Plaintiff entered into a contract with H Co., Ltd. and Defendant Co., Ltd., the contractor, and the contractor, until the seller fully redeems the loan.
(hereinafter “instant Business Agreement”). (b)
On the other hand, on July 11, 2015, Defendant C entered into a loan agreement as follows with the Plaintiff.
(hereinafter referred to as “instant loan agreement”). The loan subject: The loan amount of non-housing loan amount of KRW 94,220,000: the maturity date: October 22, 2017 (the maturity was extended on June 22, 2019) interest rate of KRW 6% per annum: 18% per annum.
C. As of July 24, 2019, the unpaid principal of the loan under the instant loan agreement is KRW 94,220,000, and interest is KRW 1,934,516.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 8, purport of the whole pleadings
2. Determination
A. According to the above facts, as long as the term of loan expires under the loan contract of this case and the business agreement of this case, the defendants are jointly and severally liable to pay damages for delay calculated at the rate of 12% per annum within the agreed rate of 96,154,516 won (i.e., the principal of the loan of 94,220,000 won and interest of 1,934,516 won) and the principal of the loan of 94,220,000 won from July 25, 2019 to the date of full payment, as the plaintiff seeks from July 25, 2019 to the date of full payment.
B. As to this, the defendant company, as the contractor, completed all the buildings subject to sale, and the approval for use of the buildings has been completed, and the plaintiff can receive an intermediate payment from the defendant C, the principal debtor.