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1. The Plaintiff:
A. Defendant B’s KRW 20 million and KRW 100 million among them shall be from July 31, 2007 to the remainder of KRW 100 million.
Reasons
1. Facts of recognition;
A. On April 7, 2006, the Plaintiff loaned KRW 200 million to Defendant B as of May 17, 2006.
B. On December 5, 2006, the Plaintiff loaned KRW 55 million to the United Nations C Co., Ltd. (formerly, “S&D Co., Ltd.” hereinafter “Defendant Company”) by the end of December 2006. The Defendant Company borrowed the above KRW 50 million and entered into a payment guarantee agreement to pay the Plaintiff KRW 150 million out of the Defendant Company’s loans of KRW 200 million to the Plaintiff by January 2007.
C. Since then, Defendant Company paid the Plaintiff the above KRW 50 million, but Defendant B did not pay the above KRW 200 million to the Plaintiff.
Accordingly, the Plaintiff filed a criminal complaint against Defendant B, and around June 2007, the Plaintiff and the Defendant B withdrawn the criminal complaint after the agreement was reached between the Plaintiff and Defendant B on July 30, 2007 and the remaining KRW 100 million to be paid within 6 months from August 1, 2007.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 5 (including provisional number), Eul's testimony, purport of whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, Defendant B is obligated to pay damages for delay at each rate of 15% per annum as stipulated in the Civil Act from February 1, 2008 to April 1, 2016, which is the delivery date of a copy of the complaint of this case, to the Plaintiff on June 5, 2007, from July 31, 2007, which is the day following the due date for payment, to KRW 200 million, and from KRW 100 million, to the Plaintiff on July 31, 2007, and from February 1, 2007, to the remaining KRW 100,000,000,000,000 from August 1, 201, and from the next day to the day of full payment. (2) Defendant Company is obligated to pay damages for delay under the payment guarantee agreement between Defendant B and each of the above 200,000 won to the Plaintiff on December 5, 2007.