beta
Text
1. The Defendant shall pay to the Plaintiff KRW 413,631,604 and the interest rate of KRW 15% per annum from June 4, 2016 to the date of complete payment.
Reasons
1. Facts of recognition;
A. C (hereinafter “C”) borrowed KRW 500 million from the Plaintiff on February 15, 2016. From February 17, 2016 to March 4, 2016, the Co., Ltd. (hereinafter “C”) concluded a contract with the Plaintiff to pay damages for delay calculated at the rate of 30% per annum of the unpaid balance and the existing amount of claim 138,000,000 won (hereinafter “C settlement service point refund” and deposit money”) by dividing the principal amount of KRW 500,000,000 per annum from February 17, 2016 to March 4, 2016.
The plaintiff paid KRW 500 million to C on the day of the contract.
B. On February 17, 2016, C delayed the payment of KRW 50 million to the Plaintiff.
Upon the Plaintiff’s request, on February 25, 2015, the Defendant, the C Branch Director, prepared a written confirmation to the Plaintiff that “the principal shall pay KRW 688,00,000 to the Plaintiff by March 3, 2016.”
C. On March 24, 2016, the Plaintiff received further reimbursement of KRW 174,368,396 from C.
[Reasons for Recognition] Facts without dispute between the parties, Gap evidence Nos. 1, 7 through 9, Eul evidence Nos. 1 and 3, the purport of the whole pleadings
2. According to the above facts of recognition, barring any special circumstance, the Defendant may be assessed to guarantee C’s obligation to the Plaintiff (i.e., KRW 138,00,000,000, the loan principal of KRW 138,000,000, the loan principal of KRW 138,000,000, the loan principal of KRW 55,000,000) at the
As to this, the Defendant alleged to the effect that, upon requesting the Defendant to prepare a written confirmation for the extension of the due date for its creditor, the Plaintiff deceptioned that “a written confirmation is an essential act with no legal effect, and that the Plaintiff was not liable to the Defendant.”
However, there is no evidence to acknowledge the plaintiff's deception.
Therefore, the Defendant’s performance of the guaranteed obligation to the Plaintiff, and at KRW 638,00,000,000, the sum of KRW 138,000,000 in the leased principal.