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1. The Defendant’s KRW 231,228,767 as well as 5% per annum from May 17, 2018 to January 9, 2019 to the Plaintiff.
Reasons
1. Basic facts
A. On March 24, 2017, the Plaintiff drafted a notarial deed of a monetary loan agreement (hereinafter “instant deed”) with a limited liability company C (hereinafter “C”) and a notary public on March 24, 2017 as the D Deed No. 231, 2017.
The main contents thereof are as follows: (a) the Plaintiff lent KRW 230,000,00 to C on March 24, 2017; (b) C, on March 31, 2018, KRW 60,000,000, and KRW 60,000 on April 30, 2018; (c) 60,000,000 on May 31, 2018; and (d) 50,000,000 on March 5, 208; (c) the delayed principal shall be paid for delay by adding the delay damages calculated at the rate of 15% per annum to the delayed principal; and (d) C, on more than one occasion, would immediately lose the benefit of the due date.
The instant deed included the purport of recognizing compulsory execution in the event of nonperformance.
B. C did not make repayment on March 31, 2018, which was the first payment date, the Plaintiff filed an application for seizure and collection order against C as the respondent, the Defendant as the third debtor, and the Defendant as the principal amounting to KRW 230,000,000 based on the instant deed, and delay damages amounting to KRW 1,228,767 (i.e., damages calculated at the rate of 15% per annum from April 1, 2018 to April 13, 2018, the date following the first payment date for KRW 230,00,000,000, and the first payment date for KRW 1,228,767 (i.e., the interest calculated at the rate of 15% per annum from April 13, 2018, and served on the Defendant as the debtor on April 18, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the above facts of recognition as to the cause of the claim, the plaintiff has the right to collect based on the decision of this case against the defendant. Thus, the defendant shall be the plaintiff on May 17, 2018, on the day following the delivery date of a copy of the complaint of this case, as requested by the plaintiff, as to the amount of seized claims of this case and the amount of seized claims of this case.