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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,250,000 and as to this, Defendant B, D, and E shall be jointly and severally liable to the Plaintiff on August 15, 2020.
Reasons
1. Determination as to the Plaintiff’s claim against Defendant B, D, and E
A. Defendant B Co., Ltd. (hereinafter “Defendant B”), D, and E are obligated to pay to the Plaintiff delayed damages calculated at the rate of 12% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from August 15, 2020 to the date of delivery of the original copy of the instant payment order, as the Plaintiff was jointly and severally obligated to pay to the Plaintiff the debt repayment amounting to KRW 1,250,000 under the quasi-consumption loan contract (quasi-consumption loan) with the obligation to pay the Plaintiff the debt amounting to KRW 1,250,000,000.
(b) Judgment by the service of publication of the applicable legal provisions (Article 208(3)3 of the Civil Procedure Act)
2. Determination as to the Plaintiff’s claim against Defendant F
A. On April 1, 2010, when the purport of the entire argument is added to the statement in Gap evidence No. 1, it is recognized that on April 1, 2010, the Defendant F and the Defendants prepared a contract performance certificate (quasi-consumption lending) between the Plaintiff and the Plaintiff that the Defendants bear KRW 1,250,000,00 of the acquisition price of the corporation whose repayment period has expired.
2) According to the above facts, it is reasonable to view that a quasi-consumption loan contract was concluded between the Plaintiff and Defendant F for the purpose of consuming existing debts. As such, Defendant F and the remaining Defendants are jointly and severally liable to pay to the Plaintiff the delayed damages calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from April 8, 2020 to the date of full payment, which is the day following the date of delivery of the original copy of the instant payment order, to the day of full payment.
B. Defendant F’s assertion 1) Defendant F’s assertion argues that Defendant F’s acquisition of the corporation not only became impossible due to the Plaintiff’s mistake, but rather suffered enormous damages, and thus, the Plaintiff’s claim cannot be complied with.
2) However, the foregoing.