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1. The Defendants jointly and severally liable to the Plaintiff KRW 45,00,000 and Defendant B with respect thereto from August 23, 2018, and Defendant C with respect thereto.
Reasons
On September 5, 2007, the Plaintiff lent KRW 900,000 per month interest to Defendant B, and KRW 45 million on September 6, 2008 on the due date. Defendant C guaranteed the above loan obligations of Defendant B on the same day. The Defendants paid interest for five months thereafter to the Plaintiff is not deemed to have been in accordance with the evidence Nos. 1, 2-1, and 2, and the entire pleadings, or there is no dispute between the parties.
Defendant C asserts to the effect that part of the loan was repaid from January 2013.
The plaintiff asserts that the above repayment was already appropriated for the repayment of interest even if the repayment was received as the repayment of the loan claim of this case, not the loan claim of this case.
According to the statement in Eul evidence No. 2, Defendant C’s performance of KRW 2,070,000 in total to the Plaintiff from January 2013 to August 25, 2018 is recognized.
However, as asserted by Defendant C, even if the above repayment amount was paid for the repayment of the loan of this case, if the above repayment amount was appropriated for the repayment of the loan of this case in the order of appropriation of appropriation under Article 479 of the Civil Code, the above repayment amount is appropriated first for the repayment of the interest amounting to 6.3 million won (=90 million won x 7 months) of the loan of this case, the above repayment amount still remains unpaid.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 45 million won and damages for delay calculated at the rate of 15% per annum from August 23, 2018 to the day following the delivery date of a copy of the instant complaint, as the Plaintiff seeks, and from April 26, 2018 to the day of full payment, Defendant C is obligated 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.
If so, the plaintiff's claim against the defendants is justified.