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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 40,000,000 and 1% per month from April 27, 2016 to the date of full payment.
Reasons
1. Indication of claim;
A. The Defendants requested the Plaintiff to operate the Company through the Plaintiff’s Yong-Namnam D, and on November 27, 2014, the Plaintiff leased KRW 40 million to Defendant B Co., Ltd. with the maturity of KRW 40 million on March 26, 2015, and interest KRW 400,000 per month. Defendant C jointly and severally guaranteed the above loan obligation. The Defendants did not pay the principal and interest after paying only the interest until April 26, 2016.
B. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the aforementioned borrowed amount of KRW 40,00,000 and damages for delay based on the agreed rate from April 27, 2016.
2. Applicable provisions;
(a) Defendant B corporation: Article 208(3)2 of the Civil Procedure Act (a)
(b) Defendant C: Article 208(3)3 of the Civil Procedure Act (Decision by public notice)