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1. The Defendants are jointly and severally liable to the Plaintiff for 43,00,000 won and 6% per annum from April 18, 2018 to July 20, 2018.
Reasons
1. Facts of recognition;
A. On October 25, 2016, the Plaintiff entered into a contract with Defendant A to sell goods to the Plaintiff by importing coffee-related machinery.
As a result, the Plaintiff lent KRW 50,000,00 to Defendant A (hereinafter “instant loan”). In this case, Defendant A decided to return the loan within 30 days when the Plaintiff requested the return, and Defendant B jointly and severally guaranteed Defendant A’s above loan obligation.
B. After that, Defendant A repaid KRW 12,00,000,000 on January 20, 2017 upon the Plaintiff’s request for the return of loan, and KRW 12,00,000,000 on June 2, 2017.
C. On January 9, 2018, Defendant A prepared a repayment plan (Evidence A 3) with respect to the instant loan, “43,000,000 won shall be paid to the Plaintiff, but KRW 10,000,000 among them shall be until January 30, 2018, and the remainder of KRW 33,00,000,000 shall be repaid until February 23, 2018, to the SCI Information Co., Ltd. entrusted with collection by the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 1 to 5, the purport of the whole pleadings
2. According to the above facts finding, the defendants shall jointly and severally pay 43,000,000 won and damages for delay as agreed upon in the above repayment contract.
The defendant asserts that the above repayment plan is invalid because it has been prepared inevitably by dividing the above repayment plan into C's status of debt collection company, but there is no evidence to acknowledge it. Therefore, the defendant's above assertion is without merit.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 43,00,000 as well as its due date thereafter, and it is reasonable for the Defendants to dispute the scope of their performance obligations from April 18, 2018, which is the day following the date on which a duplicate of the instant complaint was served on the Defendants, as sought by the Plaintiff, until July 20, 2018, the date of the instant judgment, which is deemed reasonable, and the amount shall be fully paid from the following day.