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1. The Defendants jointly and severally committed against the Plaintiff as to KRW 213,869,945 and KRW 194,578,567 among them, Defendant B from June 29, 2018.
Reasons
1. On August 31, 2016, an agreement for temporary repayment of the interest payment period: 40,000,000 on the 30th day of February each month on February 28, 2017; 50,000,00 on July 24, 2017; 30,000,00 on March 24, 200 on March 10, 2017; 30,00,00,000,00 on September 27, 20, 200,00 on March 27, 200; 30,00,00,00 on March 27, 200; 30,70,000 on March 27, 2017; 30,00,000,000 on September 27, 2017; 10,7, 2017
A. The Plaintiff prepared a monetary lending contract with Defendant B Co., Ltd. (hereinafter “Defendant B”) on eight occasions as follows.
B. Defendant C, the representative director of Defendant B, guaranteed the Defendant B’s obligation to borrow loans.
[Ground for recognition] Unsatisfy, each entry in Gap evidence 1 (including all of the branch numbers), the purport of the whole pleadings
2. Determination
A. According to the facts acknowledged earlier, the Defendants shall jointly and severally pay to the Plaintiff the borrowed amount of KRW 340,000,000 and interest or delay damages thereon, barring special circumstances.
B. From August 31, 2016 to July 12, 2019, the Defendants asserted that the Plaintiff would have paid a total of KRW 241,607,00 to the Plaintiff, and that the Defendants would have paid a total of KRW 190,00,000 as of April 28, 2020 when appropriating the repayment of the borrowed amount to pay the borrowed amount, and that the Defendants would have paid a total of KRW 121,436,50 as of April 28, 2020.
(The Defendant asserted that the initial repayment amount was KRW 268,07,00,000, but the Defendant excluded the total of KRW 26,400,000 deposited from the preparatory document dated April 27, 2020 to August 30, 2016 from the scope of appropriation of performance. Thus, the Defendant’s defense of performance as to the said portion is deemed to have been withdrawn.
Comprehensively taking account of the entries in subparagraph 3 and the overall purport of the pleadings, the part containing KRW 1,200 or KRW 500 out of the remitted amount, for which the Defendants were to remit the total amount of KRW 234,90,000 to the Plaintiff as indicated below, from August 31, 2016 to June 28, 2018.