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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 80,000,00 and the Defendants B from July 26, 2012 to August 6, 2015.
Reasons
1. Indication of claim;
A. Main Claim: The Plaintiff lent KRW 80 million to the Defendants. On July 26, 2012, the Defendants issued a promissory note with a face value of KRW 80 million to the Plaintiff, the payment date of KRW 80 million, the payment date of KRW 80 million, the place of issue, the place of payment, and the place of payment, respectively (hereinafter “instant promissory note”).
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 80 million won and 5% per annum from July 26, 2012 to the delivery date of the instant complaint, and 20% per annum from the next day to the day of full payment.
B. Preliminary Claim: The Defendants jointly have a duty to pay to the Plaintiff the amount of KRW 80 million with 5% interest per annum from the day following the delivery date of the instant complaint to the day of full payment.
2. Judgment on deemed confession (Article 208(3)2 of the Civil Procedure Act): Defendant 1 by public notice (Article 208(3)3 of the Civil Procedure Act): Defendant 2
3. With respect to the Plaintiff’s primary claim, the statutory interest rate under the main sentence of Article 3 (1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings has been promulgated on September 25, 2015 and enforced on October 1, 2015. ① As to Defendant B, it is recognized that the Plaintiff’s primary claim is 20% per annum from the day following the day of service of the application for amendment of the purport of the instant claim seeking the payment of the said loan until September 30, 2015, and damages for delay calculated at the rate of 15% per annum from the day following the day of service of the application for amendment to the purport of the instant claim seeking the payment of the loan to Defendant C, and the portion in excess shall be dismissed only if it is calculated at the rate of 15% per annum from the day following the day of service of the application for amendment to the purport of the instant claim seeking the payment of the loan to Defendant C and it is not determined separately as to the conjunctive claim