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1. The Plaintiff:
A. The Defendants are jointly and severally liable for 30,000,000 won and the Defendants’ amount from December 31, 2017 to November 21, 2019.
Reasons
1. Grounds for claim;
A. On September 17, 2017, the Plaintiff lent KRW 30,000,000 to Defendant B Co., Ltd. as of December 30, 2017. In such case, Defendant C and D guaranteed the above loan obligations.
B. On December 1, 2017, the Plaintiff leased KRW 20,000,00 to Defendant C as of December 31, 2018.
C. Accordingly, the Plaintiff seek to the Defendants payment of KRW 30,00,000 per annum from December 31, 2017 to the final delivery date of the copy of the complaint of this case, and KRW 5% per annum from the next day to the day of full payment, and KRW 12% per annum from the next day to the day of full payment. Defendant C seeks payment of KRW 20,000 per annum from January 1, 2018 to the day of delivery of the copy of the complaint of this case, and KRW 5% per annum from the next day to the day of full payment.
2. Determination as to the Plaintiff’s claim against Defendant B and C
(a) same as the description of the reasons for the claim;
(b) Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);
3. In light of the Plaintiff’s no dispute over the claim against Defendant D, and the overall purport of the statements and arguments in the evidence Nos. 1-1 through 3 as to the Plaintiff’s claim, the Plaintiff determined and lent KRW 30,000,00 to Defendant B Co., Ltd. on September 17, 2017 as the due date for repayment on December 30, 2017. In such a case, Defendant D can be recognized as having guaranteed the above loan obligation together with Defendant C. Thus, Defendant D is jointly and severally and severally liable to pay the above borrowed amount of KRW 30,00,000 and the above borrowed amount of KRW 30,00,000 from December 31, 2017 to November 21, 2019, which is the last delivery date of the copy of the complaint of this case, and KRW 5,000 per annum as prescribed in the Civil Act, and damages for delay calculated by 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.
In regard to this, Defendant D recognized some responsibility as a guarantor, but the Plaintiff is responsible for the above loan, and Defendant D.