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1. The Defendants jointly share KRW 100,000,000 with respect to the Plaintiff and 20% per annum from September 9, 2015 to September 30, 2015.
Reasons
1. Facts of recognition;
A. On May 11, 2012, the Plaintiff leased KRW 100 million to Defendant Company B (hereinafter “Defendant Company”) with an urban residential housing and officetels (hereinafter “Seoul-gu New E new E”) that was scheduled to be built outside Daegu-gu, Daegu-gu and 13 lots of land. At the time, the Defendant Company, in principle, lent the said loan to the Defendant Company, but agreed to repay the said loan even before it is requested by the Plaintiff.
B. Defendant C and F guaranteed the payment of the above loan.
C. On May 27, 2013, the Plaintiff notified the Defendant Company of the repayment of the said loan by June 3, 2013 by means of content-certified mail.
2. Determination
A. According to the above facts finding as to the cause of the claim, the payment period for the above loan shall have arrived at the request of the plaintiff. As such, the defendant company and the guarantor who are the principal debtor shall jointly pay 100 million won of the above loan and the damages for delay calculated at the rate of 20% per annum prescribed in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from September 9, 2015 to September 30, 2015, which is the day following the delivery date of the copy of the last complaint of this case against the defendants, as the plaintiff seeks after the above payment period has expired.
B. On the determination of the Defendants’ assertion, the Defendants asserted to the effect that, at F’s request, the Plaintiff lent funds necessary for the Daegu E-Newly constructed business, which was implemented by the Defendant Company, and that F guaranteed the payment of the instant loan, F is obligated to repay the instant loan. However, there is no evidence to acknowledge this.
3. In conclusion, the plaintiff's claim against the defendants of this case against the defendants is justified, and it is so decided as per Disposition.