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1. The Plaintiff, Defendant B, Defendant C, Defendant C, Defendant C, KRW 23,500,000, and the Defendants jointly and severally, KRW 25,000,000, and each of the above.
Reasons
1. Determination as to the claim against the defendant B
A. Basic facts (1) On February 2, 2004, the Plaintiff respectively lent KRW 25,000,000 to the Defendants, and KRW 23,50,000 to the Defendant C on February 6, 2004, and KRW 25,00,000 to the Defendant B on February 19, 2004.
(2) The Defendants did not repay each borrowed amount even after the due date has expired, and the Plaintiff filed a lawsuit against the Defendants on July 1, 2008 against the Seoul Northern District Court 2007Da44511 (hereinafter “instant lawsuit”), and on July 1, 2008, “the Plaintiff”:
A. Defendant B: 25,000,000;
B. Defendant C: 23,500,000;
C. The Defendants were jointly and severally sentenced to 5,00,000 won and each of the above amounts, 5% per annum from March 2, 2004 to April 3, 2008, and 20% per annum from the next day to the date of full payment. The Defendants were jointly and severally sentenced to 25,00,000 won and 20% of the above amounts. This was finalized around that time.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including each number), the purport of the whole pleadings
B. Comprehensively taking into account the facts of Paragraph 1’s determination as to the cause of the claim, as sought by the Plaintiff, Defendant B was amended by Presidential Decree No. 26553 on September 25, 2015, and the Defendants jointly and severally paid the amount of KRW 25,000,000, and each of the above amounts, from March 2, 2004 to April 3, 2008, the delivery date of a copy of the complaint related to the instant case, 5% per annum under the Civil Act, and from the next day to September 30, 2015, the statutory interest rate of the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings was applied to the court during the period from October 1, 2015 to September 30, 2015, and it is clear that the statutory interest rate of KRW 201 to 15% per annum.
There is an obligation to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.
C. Determination of Defendant B’s assertion