beta
Text
1. The Plaintiff:
A. As regards Defendant B’s KRW 50,000,000 and its KRW 20,000 among them, Defendant B shall be from December 31, 2013 to 30,000.
Reasons
1. According to the purport of the entire pleadings, evidence Nos. 1 and 2 of the judgment as to the cause for the claim, the Plaintiff lent KRW 50 million to Defendant B on December 19, 2013, and set the due date for payment for KRW 20 million on December 30, 2013, and the Defendant C shall pay KRW 20 million out of the above loans of Defendant B to the Plaintiff on December 19, 2013, and the effect of cash custody when Defendant B pays the above money is to be suspended is recognized to have been prepared and preserved.
Therefore, Defendant B is obligated to pay to the Plaintiff the above loan amounting to KRW 50 million and KRW 20 million from December 31, 2013 to December 31, 2013, and KRW 30 million from January 21, 2014 to February 26, 2015, which is the day following the due date for payment, 5% per annum under the Civil Act, and 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of the full payment. Defendant C is jointly with Defendant B pursuant to an agreement on the cash storage certificate and jointly with the above loan amounting to KRW 20 million from January 1, 2014 to November 26, 2014, which is the day after the due date for payment, to pay 20 million per annum from the day after the day after the due date for payment, to the day after the due date of full payment.
2. Defendant C’s assertion argues that the Plaintiff’s claim cannot be complied with, since the Defendant C, in a situation where there is no monetary transaction relationship with the Plaintiff, prepared a cash custody certificate to exempt Defendant C from detention.
Therefore, even if there is no monetary transaction relationship with the Plaintiff as asserted by Defendant C, Defendant C is a person who has signed and sealed a cash custody certificate (No. 2-1), and Defendant C is a person who has the said cash custody certificate with the Plaintiff as the said cash custody certificate.