beta
Text
1. Defendant B Co., Ltd.: (a) KRW 20,000,000 and 5% per annum from July 13, 2016 to March 22, 2018, respectively, to the Plaintiff.
Reasons
1. Facts of recognition;
A. On July 12, 2016, D leased KRW 20 million to E with interest rate of KRW 20 million and due date of repayment on October 31, 2016, and Defendant B Co., Ltd (hereinafter “Defendant B”) jointly and severally guaranteed the above loan obligation of KRW 20 million at the time of the said lending.
(hereinafter “The instant loan No. 1” Provided, That D, E, and Defendant B drafted the certificate of loan (the certificate of loan No. 1, which was July 12, 2016, on which the amount of the loan was stated as KRW 50 million at the time of the instant loan No. 1. 1).
B. On July 26, 2016, D leased KRW 30 million to Defendant C on a monthly basis and on October 31, 2016, with the due date set at 2% of interest, and on October 31, 2016, Defendant B jointly and severally guaranteed Defendant C’s above loan obligation at the time of the said loan.
(hereinafter “instant second loan”) c.
D On September 12, 2016, Defendant B, Defendant E, and F Co., Ltd. (hereinafter “F”) and notary public agreed to the following terms (hereinafter “instant agreement”) with the law firm G 2476 on September 12, 2016:
Agreements
1. F Co., Ltd. shall pay 30 million won in residual test expenses (H University HHHH test room) related to the loan 30 million won lent by D to E out of the loan 1 of this case set off against C’s debt of KRW 30 million due to the loan 2 of this case, and D shall be liable for KRW 50 million, and the Defendant C shall terminate its obligation to D by directly paying 30 million unpaid to H University H University H University HH test room.
2. In the event that the above arrangement is not implemented, the defendant B agreed to pay the first progress payment on behalf of F when the contract with I is terminated, and the amount will be reflected in the calculation of F and the profit and loss.
D on March 24, 2017, the Plaintiff transferred the above claims against D E and the Defendants, and notified the Defendants of the above transfer on March 27, 2017. The Defendants received the above notification on March 28, 2017.
[Ground of Recognition] Unsatisfy, Gap evidence Nos. 1 and 2, witness D's testimony.