beta
Text
1. Defendant C and D shall be jointly and severally,
A. Plaintiff A Co., Ltd.: (a) KRW 200,000,000; and (b) from June 2, 2017 to June 2018.
Reasons
1. Determination as to the claim of the Plaintiff Company
A. 1) On June 2, 2017, the Plaintiff Company lent KRW 200 million to Defendant C, and Defendant D jointly guaranteed the above loan obligation. 2) Defendant C borrowed the above KRW 200 million on the condition that all alcoholic beverages handled at the store to be operated by the Plaintiff at the time were purchased from the Plaintiff Company, and the above KRW 200 million was repaid in installments over 22 months without interest, but if the store is not opened by June 2017, the Plaintiff Company agreed to repay the total amount of KRW 200 million to the Plaintiff Company.
3) After that, Defendant C was unable to open a store until the end of June 2017, and the Plaintiff C agreed to pay 1% interest per month from the date of borrowing to the date of opening the store as of August 31, 2017, if the Plaintiff Company fails to open the store by August 31, 2017.
[Reasons for Recognition] Defendant C: Each entry in the evidence Nos. 1 and 3, and the purport of the whole argument as to Defendant D: Confession (Article 150(3) and (1) of the Civil Procedure Act)
B. Determination 1) According to the above facts of recognition as to Defendant C and D, Defendant C and D are jointly and severally liable to pay KRW 200 million to the Plaintiff Company and interest or delay damages from the date of loan. (2) The Plaintiff Company and the Defendant E also jointly and severally guaranteed the obligation to pay the above loan. However, each of the entries in the evidence Nos. 1, 4, and 5 is insufficient to recognize that Defendant E has jointly and severally guaranteed the obligation to pay the above loan, and there is no other evidence to acknowledge that it has been jointly and severally guaranteed the obligation to pay the above loan. In full view of the purport of the entries and arguments in the evidence No. 1, Defendant C and D, on June 2, 2017, only can it be acknowledged that Defendant C borrowed KRW 200 million from the Plaintiff Company and jointly and severally guaranteed the obligation to recover the disease and fright.