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1. The Defendant’s KRW 244,33,891 as well as 8.5% per annum from May 12, 2015 to September 8, 2015 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On March 12, 2013, the Plaintiff leased KRW 50 million to D Co., Ltd. (hereinafter “D”) with the representative director as of June 12, 2013 due date for repayment of KRW 8.5% per annum. C is jointly and severally and severally guaranteed the above loan obligations on the same date. In addition, on September 10, 2013, the Plaintiff determined KRW 250 million to the Defendant on December 31, 2013 with the due date of repayment of KRW 8.5% per annum, and C is jointly and severally and severally guaranteed the above loan obligations on the same date.
B. D and the Defendant failed to repay the borrowed money from the Plaintiff. Accordingly, on December 26, 2014, the Plaintiff, the Defendant, and C set the principal and interest of the Defendant’s borrowed money as KRW 334 million, with which the Plaintiff, the Defendant, and the Defendant set the leased principal and interest of the Defendant’s borrowed money as KRW 334,00,000,000. In other words, the repayment period was set at August 31, 2015, with the interest rate of KRW 8.5% per annum (hereinafter “instant agreement”), and C as a joint and several surety for the loan obligation
C. Since then, the Defendant paid KRW 50 million to the Plaintiff on April 8, 2015 and May 11, 2015, respectively.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 7 (including branch numbers), the purport of the whole pleadings
2. According to the determination as to the cause of the claim, it is reasonable to view that the Defendant concurrently assumes the Defendant’s obligation for the borrowed money and the Defendant’s obligation for the borrowed money, and that an agreement for quasi-loan for consumption was concluded between the original Defendant on the debt of E and the Defendant’s obligation for the borrowed money. The Plaintiff is 100 million won paid by the Defendant as KRW 89,66,109 out of the principal of the quasi-Loan for Consumption Agreement and interest of KRW 10,33,891 from the principal of the quasi-Loan for Consumption Agreement.
Therefore, barring any special circumstance, the Defendant clearly recorded that it is the delivery date of a copy of the instant complaint from May 12, 2015, which is the date following the last repayment date, for the Plaintiff’s KRW 244,33,891 (i.e., KRW 334 million - KRW 89,666,109).