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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 200,000,000 and the interest rate thereon from February 28, 2013 to the date of full payment.
Reasons
1. On February 28, 2013, the Plaintiff and the Defendants drafted an investment guarantee and loan agreement (hereinafter “instant agreement”) as follows, and the Plaintiff paid KRW 200,000,000 to Defendant B on the same day.
Investment Guarantee and Loan Agreement A (A) and B (B) agree to an investment agreement and loan agreement as follows:
A. L. L. L.I.
1. A shall invest KRW 200 million to B in February 28, 2013.
2. A shall be paid KRW 400 million to A with a final interest in investment February 27, 2014.
3. If the above maturity cannot be paid KRW 400 million, the amount of KRW 400 million shall, as a matter of course, be converted to the borrowed amount and shall be paid to A at the rate of KRW 400 million per annum and twenty five percent per annum until the repayment date.
4. If it is impossible to pay at maturity, a promissory note with respect to the principal of KRW 400 million and interest accrued until the date scheduled for payment shall be prepared, delivered to Gap, and the joint guarantor shall be endorsed.
(A) The facts that there is no dispute over A(a) B(debtor) C(joint guarantor) (a) and the purport of the whole pleadings, as stated in the evidence Nos. 1 and 2, and the purport of the whole pleadings.
2. The Defendants asserted by the Plaintiff are jointly and severally liable to pay the Plaintiff a loan of KRW 200,000,000 and damages for delay calculated at the agreed interest rate of KRW 25% per annum.
3. Determination
A. According to the facts found as above, Defendant B is jointly and severally liable to pay the Plaintiff the interest and delay damages calculated at the rate of 25% per annum, which is the agreed interest rate from February 28, 2013 to the date of full payment, as a joint and several surety for the repayment of the loan.
B. Determination as to Defendant B’s assertion 1) The Plaintiff’s assertion in Defendant B is a multi-level company D (hereinafter “D”).
Defendant B invested KRW 200,000,000 in order to be appointed as the representative of the victims, and the amount of such investment shall be received from the victims.