(영문) 서울남부지방법원 2015.08.25 2014가합109106

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(영문) 서울남부지방법원 2015.08.25 2014가합109106

약정금

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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 205,00,000 and Defendant B with respect thereto from October 1, 2014, and Defendant C and D.

Reasons

1. Determination on the cause of the claim

A. Facts of recognition 1) The Plaintiff loaned Defendant B a total of KRW 139.5 million from April 2013 to February 2014. Upon Defendant B’s request, the Plaintiff jointly and severally guaranteed the Defendant B’s loan obligation amounting to KRW 20 million. After that, the Plaintiff additionally lent KRW 19.5 million to Defendant B. (2) On June 23, 2014, Defendant B agreed to pay the Plaintiff a total of KRW 265 million to the Plaintiff as the principal and interest of the loan granted by the Plaintiff to Defendant B, the amount of indemnity for the guaranteed obligation, and the amount of damages for nonperformance due to mental distress, and the Defendant C and D jointly and severally guaranteed the said contractual obligation.

[Grounds for recognition] Facts of confession, purport of the whole argument

B. According to the above facts of recognition, Defendant B agreed to pay to the Plaintiff the agreed amount of KRW 265 million, and Defendant C and D jointly and severally guaranteed Defendant B’s debt, so the Defendants jointly and severally liable to pay to the Plaintiff KRW 25 million (=265 million) (i.e., agreed amount - KRW 60 million - Defendant B’s person who was paid the Plaintiff’s reimbursement), and as to this, Defendant B is liable to pay damages for delay calculated at the rate of KRW 20 million per annum from October 1, 2014, the following day after the duplicate of the instant complaint was served on Defendant B, and Defendant C and D, from September 26, 2014, the day following the day when the duplicate of the instant complaint was served on the said Defendants to the day of full payment.

2. Defendant B’s assertion that Defendant B paid KRW 26 million to the Plaintiff. However, there is no evidence to acknowledge that Defendant B paid the said money after the conclusion of the payment agreement on June 23, 2014. Therefore, Defendant B’s above assertion is rejected.

3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition by the assent of all.

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