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1. The Defendants are jointly and severally liable to the Plaintiff KRW 40,000,000 and Defendant B with respect thereto from June 12, 2015, and Defendant C with respect to the said amount.
Reasons
1. The judgment D on the cause of the claim set the due date of repayment of KRW 40 million to the Defendants on January 20, 2008 and lent it on March 1, 2008.
(hereinafter “The instant loan”). On January 30, 2008, the Defendants issued a promissory note as of March 1, 2008 and delivered it to D after being notarized.
D on December 30, 2014, the Plaintiff transferred the instant loan claims against the Defendants to the Plaintiff. On March 4, 2015, the Defendants sent a certificate of content (Evidence A2 and 3) informing the Defendants of the transfer of the said claim. However, around that time, the Defendants were not served.
The above content certificate was attached to the application for the instant payment order, and was delivered to Defendant B on June 11, 2015, and to Defendant C on October 28, 2015.
【In fact without any dispute, Gap 1-3, Eul 8, Eul 1-2, Eul 1-2, and the purport of the entire pleadings】 Since Eul's certificate of contents written to inform the defendants of the transfer of the claim of this case was served on the defendants in the litigation procedure of this case, it can be deemed that Eul, the transferor, notified the defendants of the transfer of claim.
Unless there are special circumstances, the Defendants are jointly and severally liable for payment of KRW 40 million and delay damages for the instant loan to the Plaintiff who acquired the instant loan claim.
2. The Defendants asserted that the Defendants paid the sum of KRW 50,000 to KRW 70,000 per day from March 1, 2008 to March 1, 2010 by paying almost KRW 50,000 per day to D, but there is no evidence to acknowledge the above assertion, and therefore, the Defendants’ assertion is without merit.
3. Conclusion: (a) the Defendants jointly and severally pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from June 12, 2015 following the delivery date of a copy of the instant complaint (Defendant B: June 12, 2015; and Defendant C: October 29, 2015) to the date of full payment.