1. The Defendants jointly and severally agreed with the Plaintiff KRW 6,509,836, and 5% per annum from March 19, 2020 to May 7, 2020.

1. Facts of recognition;

A. On September 2017, the Plaintiff lent KRW 132,00,000 to Defendant B without setting the period of reimbursement.

B. Defendant C and Defendant D jointly and severally guaranteed Defendant B’s obligations.

C. On March 13, 2019, the Plaintiff urged Defendant B to repay the said loan by March 22, 2019.

【Non-contentious facts, Gap evidence 1, 4-3, Eul evidence 1, and 2, the purport of the whole pleadings.

2. Determination

A. According to the above facts, Defendant B was jointly and severally liable for a loan of KRW 132,00,000 to the Plaintiff under the joint and several guarantee of Defendant C and Defendant D.

In addition, upon the lapse of March 22, 2019, the loan obligation of the Plaintiff was due (the repayment period designated by the Plaintiff through the highest notice, which is determined as a reasonable period under Article 603 (2) of the Civil Code).

B. After March 18, 2020, KRW 132,00,00,00 paid by Defendant B on March 18, 202, was not agreed upon by the parties as to the method of satisfaction of obligation. Therefore, the remainder of the damages incurred until such delay was appropriated first for satisfaction of obligation under Article 479 of the Civil Act and the remainder was appropriated for repayment of part of the original.

From March 23, 2019 on the day following the due date to March 18, 2020, the amount of damages for delay calculated by the rate of 5% per annum from March 23, 2019 to March 18, 2020 (the rate of damages for delay prescribed by the Civil Act, but also the rate of damages for delay claimed by the plaintiff) is 6,509,836 won (=132,00,000 x 0.05 x 361/366).

Therefore, the amount of debt remaining as the above repayment remains the principal amount of 6,509,836 won and damages for delay from March 19, 2020.

3. In conclusion, the Defendants are jointly and severally liable to pay to the Plaintiff 6,509,836 won and damages for delay calculated at the rate of 5% per annum under the Civil Act from March 19, 2020 to May 7, 2020, which is the date of the instant judgment from March 19, 2020, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

Plaintiff .