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1. As to KRW 300,000,000 among the Plaintiff and KRW 100,000,000 among them, the Defendant shall pay to the Plaintiff KRW 20,000,00.
Reasons
1. In full view of the purport of the entire pleadings in evidence Nos. 1 and 2, the Plaintiff’s loan to the Defendant on November 10, 2014, setting the interest rate of 10 million won per month and the due date for repayment on November 10, 2015. On December 31, 2014, the interest rate of 200 million won is 1% per month and the due date for repayment is 1% per month and December 31, 2015.
2. Judgment on the defendant's assertion
A. The Defendant asserts that the following is the duty to pay KRW 200 million among them.
(1) On November 201, 2014, Defendant C Co., Ltd. (hereinafter “C”) borrowed KRW 200 million from D with the Plaintiff’s introduction, and issued a promissory note on December 30, 2014 with the face value of KRW 200 million and the due date, and the Plaintiff jointly and severally guaranteed the obligation of the borrowed money.
D. However, upon C’s failure to pay back on January 1, 2015, the Defendant, around March 2015, proposed that C’s obligation to D will be individually responsible, and that the Plaintiff, a joint guarantor, as the joint guarantor, prepared a loan certificate of KRW 200 million.
Secondly, C applied for the commencement of rehabilitation procedures on June 1, 2015 by the Daegu District Court 2015 Ma115, in the event of a serious managerial crisis, and according to the court’s decision, the rehabilitation procedure commenced on June 29, 2015 and was also authorized on March 9, 2016.
However, the plaintiff asked for the recognition of D's 200 million won as rehabilitation claim in the rehabilitation procedure of C, and C recognized the obligation of 224 million won as rehabilitation claim (i.e., principal 200 million won and interest 24 million won).
x. Accordingly, 20 million won out of the borrowed money is not the plaintiff but D, and the debtor is not the defendant, and the defendant is not the defendant, so there is no obligation to pay to the plaintiff.
B. The Defendant, even based on the assertion itself, recognizes the fact that the Defendant, as a joint guarantor, will be individually responsible for the debt of 200 million won for C’s D and prepared a certificate of 200 million won for the loan to the Plaintiff, which is a joint guarantor, and according to the written evidence No. 3, D, as to the loan No. 200 million won for C.