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Defendant B shall pay to the Plaintiff KRW 80,000,000 as well as 12% per annum from January 11, 2019 to the day of full payment.
Reasons
1. Determination as to the plaintiff's claim against the defendant B
A. The Plaintiff, from February 27, 2007 to November 29, 2007, deposited KRW 150 million in the account of Defendant B in three times, set the interest at 1% per month, and lent KRW 150 million to Defendant B. The Plaintiff, on December 24, 2012 and January 21, 2013, was paid KRW 70 million from Defendant B as principal, without dispute, or can be recognized by comprehensively taking into account the entire purport of the pleadings as set forth in subparagraphs 1 and 2.
Therefore, barring special circumstances, Defendant B is obligated to pay to the Plaintiff the interest or delayed damages calculated at the rate of 12% per annum from January 11, 2019 to the date of full payment, as the Plaintiff seeks.
B. As to this, Defendant B did not remain any remainder of the loan extended by repaying all obligations to the Plaintiff around July 22, 2013.
defense.
In the following circumstances, the Plaintiff sent a letter demanding payment of KRW 1.2 million and a demand notice demanding payment of KRW 1.2 million as asserted below to Defendant B after February 2019. Defendant B sent a letter of answer that there was no particular answer, and Defendant B sent a letter of answer that there was bankruptcy; Defendant B continued to pay interest of KRW 1.2 million until January 11, 2019, and submitted it to the Plaintiff, without any evidence supporting the fact that Defendant B’s payment of KRW 1.2 million to the Plaintiff after February 201, 2019. In light of the following circumstances, Defendant B sent a letter of answer that there was no specific answer; Defendant B sent a letter of answer that there was no other answer; Defendant B continued to pay interest of KRW 1.2 million to the Plaintiff until January 11, 2019; Defendant B did not have any further evidence to acknowledge the payment.
Therefore, Defendant B’s defense of performance is without merit.
2. Determination as to the Plaintiff’s claim against Defendant C