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1. The Plaintiff:
A. As to Defendant B and Defendant C’s joint and several KRW 57,500,000 and KRW 50,000 among them, respectively.
Reasons
1. Basic facts
A. Defendant B Co., Ltd. (hereinafter “Defendant Company”) is a company engaged in landscaping stone processing, production, aggregate business, etc., and Defendant C is a person who actually operated the Defendant Company.
The repayment of the borrowed amount of the borrowed amount from Company B, Inc., of the borrowed amount of KRW 50,000,000,000,000 for the increase of the borrowed amount shall be confirmed through this certificate that the borrowed amount shall be repaid in equal installments of KRW 75,000,000 for the six months from July 2013.
The borrower: B (Signature) the guarantor: C (Signature and Seal) the guarantor: D (Signature and Seal):
B. On May 20, 2013, upon introduction of Defendant D, the Plaintiff agreed to lend KRW 50 million to the Defendant Company with the same content as the loan certificate (hereinafter “the instant loan certificate”) under the below (hereinafter “instant agreement”). The Defendant C guaranteed the Defendant Company’s debt.
Defendant D also signed the name next to his name printed as the guarantor on the loan certificate of this case.
C. The Plaintiff paid to the Defendant Company KRW 15 million on May 20, 2013, and KRW 35 million on May 21, 2013, as loans under the instant agreement.
【Ground for Recognition: Unsatisfy, Gap 1-3 Evidence】
2. Determination as to claims against Defendant Company and Defendant C
A. According to the instant claim agreement, Defendant B and Defendant C jointly and severally agreed on KRW 57,50 million to the Plaintiff (=the principal of KRW 50 million) within the agreed rate from July 1, 2013 to December 31, 2013, and the former Interest Limitation Act (amended by Act No. 12227, Jan. 14, 2014; hereinafter “former Interest Limitation Act”).
(i)The interest rate of 30% per annum, 7.5 million won per annum, and interest of 50 million won per annum from January 1, 2014 to the date of full payment, shall be liable to pay damages for delay calculated at the rate of 30% per annum for the principal amount of 50 million won per annum.
B. Defendant Company: Judgment on deeming confession (Article 208(3)2 of the Civil Procedure Act) (Article 208(3)2 of the Civil Procedure Act): Defendant C: Article 208 of the Civil Procedure Act.