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The Defendants jointly and severally agreed to the Plaintiff 37,824,802 Won and its related 5% per annum from September 12, 2018 to July 14, 2020.
Reasons
1. Basic facts
A. The Plaintiff and Defendant B Co., Ltd. (hereinafter “Defendant Co., Ltd.”) are between the Plaintiff and Defendant Co., Ltd. (hereinafter “Defendant Co., Ltd”) having engaged in transactions of cosmetics products, etc. for a considerable period of time and engaged in financing. Defendant C is the representative director of the Defendant
B. On March 7, 2017, Defendant Company borrowed KRW 100,000,000 from the Plaintiff, and arranged the existing monetary relationship to the Plaintiff, and prepared a loan certificate stating that “400,000,000 won shall be determined and borrowed at the rate of 5% per annum on December 10, 2017,” and Defendant C signed the said loan certificate as the joint guarantor.
On May 10, 2017, the Plaintiff added 50,000 won to the Defendant Company.
(c)
The Defendant Company repaid to the Plaintiff KRW 50,00,000 on May 17, 2017, KRW 200,000,000 on September 11, 2017, and KRW 50,000,000 on December 50, 2017, KRW 30,000 on January 3, 2018, and KRW 50,000 on July 12, 2018, respectively.
【Unsatisfyal grounds for recognition】 Insatisfy, Gap evidence Nos. 3 and 8, Gap evidence Nos. 9-1 through 3, Gap evidence Nos. 10-1 through 4, Gap evidence Nos. 11-1, 11-2, and Gap evidence Nos. 12, and the purport of the whole pleadings
2. Determination
A. (1) According to the determination on the cause of the claim (i) the fact that the Defendant Company borrowed KRW 400,000,000 from the Plaintiff on March 7, 2017, and KRW 50,000,000 from the Plaintiff on May 10, 2017, respectively, at the rate of 5% interest rate, from each due date for payment, and at the rate of KRW 10,000,00,000, from the Plaintiff; and Defendant C may recognize the fact that the Defendant Company jointly and severally guaranteed the Defendant Company’s above loan obligations.
(2) The details of the Defendant Company’s repayment are as seen earlier, and as long as the Defendant Association did not designate the obligation to meet the repayment, the payment was made in accordance with Articles 477 subparag. 4 and 479 of the Civil Act, as stated in the calculation table of the amount appropriated in the separate sheet.
Therefore, as of September 11, 2018, loans extended on March 7, 2017 as of March 7, 2017, which is the last repayment date, will remain the principal amounting to KRW 4,202,756.
(3) Therefore, barring any special circumstance, the Defendants jointly and severally paid KRW 37,824,802 to the Plaintiff (= KRW 33,622,046, KRW 4,202,756).