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1. Defendant B’s KRW 85,00,000 and the Plaintiff’s 13% per annum from October 1, 2013 to March 29, 2019.
Reasons
1. Basic facts
A. On March 1, 2013, the Plaintiff entered into a sales contract with Defendant B on March 1, 2013, the Plaintiff agreed to pay KRW 90,000,000 of the investment principal to the Plaintiff by April 1, 2015, and pay KRW 1,30,000,000 per annum (the interest rate of KRW 13% per annum) to the Plaintiff.
(hereinafter “instant agreement”). Defendant C, the wife of Defendant B, guaranteed the Defendant B’s obligation to pay KRW 14 million in total (=1 million x 24 months) of the investment principal amounting to KRW 90 million and KRW 24 million to the Plaintiff on the same day.
B. Until October 4, 2013, Defendant B repaid to the Plaintiff KRW 5 million out of the principal amount, and paid KRW 6.3 million as interest ( approximately KRW 6.3 million interest).
C. On March 8, 2018, Defendant C filed bankruptcy and application for immunity with the Chuncheon District Court No. 2018Hadan103 and 2018Ha103, and the decision became final and conclusive upon receipt of immunity on August 24, 2018. Defendant C did not enter the Plaintiff’s claim in the creditor list of the instant case.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the interest rate of KRW 85 million which is the day following the day of service of the complaint in this case from October 1, 2013 to March 29, 2019, which is the day of service of the complaint in this case, the annual interest rate of KRW 13%, and the delay damages calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the day of full payment.
As to this, Defendant B did not borrow money from the Plaintiff. However, even if Defendant B agreed to receive the said money from the Plaintiff as the facilities fund, Defendant B is obligated to pay the Plaintiff the principal and investment profits or interest pursuant to the instant agreement. Therefore, the aforementioned assertion on a different premise is with merit.