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1. The Defendants shall pay to the Plaintiff KRW 247,09,677 as well as KRW 219,00,000 among them, from May 22, 2012 to July 28, 2016.
Reasons
1. From March 21, 2001 to December 16, 2008, the Plaintiff borrowed approximately KRW 245,000,000 to the Defendants several times. On May 31, 2010, the Plaintiff prepared and received a certificate of borrowing from the Defendants that “The Defendants lend KRW 219,00,000 to KRW 2,450,000 per month interest, and the maturity date shall be determined by May 31, 201.”
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 219,000,000 and damages for delay.
2. Application of the Civil Procedure Act and Article 208 (3) 3 of the Civil Procedure Act (Service by public notice);
3. Since the Plaintiff was paid KRW 30 million by the Defendants on May 21, 2012, the part of dismissal due to partial repayment is a person to whom the Defendants paid KRW 58,009,677, which occurred from May 31, 2010 to May 21, 2012 (=2,450,000 x (21/31 month) x less than KRW 219,00,000, and interest KRW 28,009,677) will remain when appropriated for payment of the interest accrued from May 31, 2010 to May 21, 2012.
Therefore, the Defendant is obligated to pay to the Plaintiff KRW 247,09,677 (=219,000,000 won) and KRW 219,00,000 among them, to the Plaintiff at the rate of KRW 2,450,00 per annum from May 22, 2012 to July 28, 2016, which is the delivery date of the original copy of the instant payment order, from the next day to the day of full payment. The Plaintiff’s claim that exceeds the above recognition scope is without merit.