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1. The Defendants jointly and severally pay to the Plaintiff KRW 40,407,451 as well as KRW 33,00,000 among them, from June 29, 2013.
Reasons
1. Determination on the cause of the claim
A. The facts of recognition: (a) Defendant B borrowed KRW 20 million from the Plaintiff with the operating funds of Defendant C, a representative director, as the Plaintiff, from the Plaintiff on February 28, 2012; (b) the due date was March 31, 2012; and (c) the interest was paid to the Plaintiff on March 31, 2012; and (d) the Defendant C signed the above loan certificate.
② On February 29, 2012, the Plaintiff transferred each of the KRW 20 million to Defendant C’s account, KRW 2 million on March 6, 2012, and KRW 10 million on March 15, 2012.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
B. According to the above facts of determination, Defendant B borrowed total of KRW 33 million from the Plaintiff, and Defendant C is jointly and severally liable for the above loan debt of Defendant B. Thus, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay at the rate of 24% per annum from June 28, 2013 to June 28, 2013, the remainder of the principal and interest calculated by deducting KRW 3 million from the sum of the above loan principal and interest at the rate of KRW 43,407,451 per annum from the sum of interest at the rate of 24% per annum until June 28, 2013, which was paid to the Plaintiff as part of interest.
2. The Defendants asserted that, around September 27, 2012, the Defendants’ defenses by the Defendants settled and extinguished all of the Defendants’ debt owed to the Plaintiff upon payment in substitutes to the Plaintiff.
According to the purport of the argument in the statement No. 1 of this case, at the time of the loan of this case, the plaintiff was in office in the Sinsan-si EF corporation, and the defendants were in use by leasing part of the site for the factory of the above FF corporation while operating the FF corporation D, and the defendants were in arrears with the F corporation and bear the debt of the loan of this case against the plaintiff, the defendants are in custody in the factory upon consultation with the F corporation and the plaintiff on September 27, 2012.