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1. Defendant B Co., Ltd.: (a) KRW 68,00,000 for the Plaintiff and the period from March 1, 2014 to November 28, 2018.
Reasons
1. On June 11, 2013, the Plaintiff, as to the claim against the Defendant Company B, lent KRW 68,000,000 to the Defendant Company B (hereinafter “Defendant Company”), and the Defendant Company did not repay this. Therefore, the Defendant Company asserts that the aforementioned loan amounting to KRW 68,00,000 and the damages for delay calculated on June 12, 2013 following the above loan date are liable to pay the above loan amounting to KRW 68,00,000.
Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 7 (including various numbers), the plaintiff remitted to the defendant company the amount of KRW 68,000,000 on June 11, 2013; the defendant company prepared a certificate of money borrowed to the plaintiff on February 28, 2014; and the defendant company prepared a certificate of money borrowed to the effect that the amount of KRW 68,00,000 is to be repaid to the plaintiff on February 28, 2014; and the defendant company prepared a certificate of money borrowed to the same content as the second one on August 1, 2013.
However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant Company agreed to pay interest calculated from June 12, 2013 to February 28, 2014 on the above loan between the Plaintiff and the Plaintiff, and there is no other evidence to acknowledge otherwise.
Therefore, the Defendant Company is obligated to pay to the Plaintiff 68,00,000 won and damages for delay calculated at the rate of 6% per annum under the Commercial Act from March 1, 2014 to November 28, 2018, which is the delivery date of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
2. As to the claim against Defendant C, the representative director of the Defendant Company, expressed his intent to jointly and severally and severally pay the obligation to return the loan to the Plaintiff by the Defendant Company, Defendant C is jointly and severally liable to pay the above loan amounting to KRW 68,00,000 and delay damages to the Plaintiff jointly and severally with the Defendant Company.
However, the contracting parties.