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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 83,201,089 and KRW 82,969,516 among them, from May 28, 2015 to January 21, 2016.
Reasons
1. Indication of claims: To be as specified in attached Form 1;
2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).
3. Part concerning partial dismissal
A. According to the evidence No. 1-2, the Plaintiff and Defendant B’s agreement on the guarantee amount of the probationary guarantee amount of KRW 96,000,000 at the time of conclusion of the instant contract for the guarantee of the probationary guarantee. Thus, Defendant B’s claim against Defendant B is recognized only within the limit of KRW 96,00,000.
B. The Enforcement Decree of the above Act (amended by the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings) was promulgated on September 25, 2015 and enforced on October 1, 2015, with the content that statutory interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings is changed from 20% per annum to 15% per annum.
Therefore, the damages for delay from January 22, 2016, which is the day following the delivery date of the complaint, shall be recognized only within the scope calculated at the rate of 15% per annum.