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1. Defendant C’s KRW 164,00,000 and the Plaintiff’s annual rate of KRW 5% from December 11, 2013 to August 1, 2014.
Reasons
1. The parties' assertion
A. The Plaintiff asserted that the Plaintiff worked for E stores located in Sungnam City D2 (hereinafter “instant store”) operated by Defendant B, and lent the operating fund of the instant store to Defendant B several times in a way of either directly paying in cash to the Defendants and F, his/her father from around October 24, 2010 to October 24, 2012, or transferring the Defendants and F to each account in the name of the Defendants and F.
On October 29, 2013, Defendant C, concurrently assumed the above loan obligations of Defendant B, issued promissory notes (hereinafter “instant promissory notes”) with the aggregate of the principal and interest on the loan principal of Defendant B as “164,00,000 won in face value, and on October 29, 2013, the date of issuance, and December 10, 2013,” and a notary public drafted a promissory notes No. 469 (hereinafter “notarial deeds of this case”).
Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff 164,00,000 won with 164,000 won and damages for delay at each rate of 6% per annum as stipulated in the Commercial Act from December 11, 2013 to the day following the due date of the payment of the Promissory Notes in this case, and 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
B. The Defendants’ assertion (1) Defendant B did not have any obligation to repay the amount transferred from the Plaintiff to the account in the name of Defendant B and F, and (2) Defendant C did not pay the amount for personal purposes and did not pay the amount. As the instant promissory note was issued and issued to the Plaintiff, Defendant C did not pay the amount for the purpose of personal use, and thus, Defendant C did not have any obligation to pay the amount to the Plaintiff. Therefore, the loan obligation equivalent to the face value of the promissory note against the Plaintiff
2. Determination
A. The evidence No. 1-3, Gap evidence No. 2-7, Gap evidence No. 8-1, 2, witness G, and H, respectively.