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1. Defendants are jointly and severally liable to the Plaintiff for KRW 950 million and Defendant B with respect thereto from July 16, 2014, and Defendant C with respect thereto.
Reasons
Judgment
According to the purport of Gap evidence No. 1 and all the arguments, D, on August 2, 2011, decided to pay to the plaintiff KRW 950 million by the end of September 2, 2012, and when delay, he/she paid damages for delay at the rate of 24% per annum. The defendants jointly and severally guaranteed the above obligation against the plaintiff by setting the maximum amount of KRW 950 million, and up to now, D has not paid the above obligation to the plaintiff.
According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 950 million won and the defendant B with interest rate of 20 million won per annum from July 16, 2014, which is clearly recorded as the day after the service date of the original copy of the payment order of this case, and the defendant C has an obligation to pay damages for delay calculated at the annual interest rate of 15% per annum from August 26, 2014 to September 30, 2015, which is clearly recorded as the day after the service date of the original copy of the payment order of this case, to September 30, 2015, respectively.
(In accordance with the amendment of the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, 15% per annum is applied from October 1, 2015, which is the enforcement date of the amended provisions, and thus, the part on claim for damages for delay in excess of the amended statutory interest rate is not accepted) Defendant B filed an application for bankruptcy and exemption on April 1, 2013 (Seoul Central District Court Decision 2013Hau31, 2013Hau31, 2013, 313) and the bankruptcy was declared on June 5, 2013, and the above bankruptcy procedure was concluded at present.
(2) On April 5, 2016, the Plaintiff stated that his claim was entered in the bankruptcy proceedings against Defendant B in the table of bankruptcy creditors, and that the trustee in bankruptcy and other creditors did not raise any objection thereto.