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1. The Defendants jointly and severally pay to the Plaintiff KRW 62,925,752 and KRW 40 million, among which they are jointly and severally paid to the Plaintiff from August 21, 2019.
Reasons
1. Facts of recognition;
A. A. Around May 16, 2018, Defendant B (hereinafter “Defendant Company”) loaned KRW 150 million from the Plaintiff to the Plaintiff and agreed on December 25, 2018 on the repayment date at the rate of KRW 50 million, 5% of the agreement, and 25% of the delayed damage rate (hereinafter “instant loan”). Around September 6, 2018, Defendant B (hereinafter “Defendant Company”) repaid KRW 30 million to the Plaintiff.
B. Around January 7, 2019, Defendant C’s representative director of the Defendant Company jointly and severally guaranteed the Plaintiff’s above loan obligations.
C. Around February 1, 2019, the Defendants jointly and severally paid to the Plaintiff the principal amount of KRW 120 million, which is KRW 50 million on March 31, 2019, KRW 50 million on May 31, 2019, KRW 50 million on May 31, 2019, and KRW 20 million on June 30, 2019, respectively.
around August 21, 2019, when the instant lawsuit was pending, Defendant C repaid the Plaintiff the principal amounting to KRW 80 million.
【Ground of recognition】 The fact that there has been no dispute, entry of Gap 1 through 4, the purport of whole pleading
2. The assertion and judgment
A. According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff the remaining 40 million won (120 million won - 80 million won) of the loans of this case and its delay damages.
Interest accrued in relation to delay damages, etc. for the principal of KRW 150 million until September 5, 2018, the Defendant first repaid the loan x 2,321,917 won 150,000 x [0.05 x (113 ± 365)] x 16.05 x 2,000 won remaining after the payment of KRW 30 million to KRW 12,00,000 by 205 x 207 x 208 x 207 x 208 x 207 x 208 x 205 x 207 x 208 x 365 x 1205 x 365 x 365 x x 208 x 2018 x 208 x 5.25 x 2018 x 5.2018 x 5.25 ;
If all of them are added, 22,925,752 Won 22,925,752 =2,321,917 +