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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 27,00,000 and 20% per annum from June 5, 2015 to September 30, 2015.
Reasons
1. Facts of recognition;
A. On November 30, 2003, Defendant B borrowed 17,000,000 won from the Plaintiff at the interest rate of 15% per annum and on November 30, 2005. On December 7, 2004, Defendant B borrowed 5,000,000 won from the Plaintiff at the interest rate of 1.5% per annum and November 30, 2005. On January 17, 2005, Defendant B borrowed 5,00,000 won from the Plaintiff at the interest rate of 1.5% per annum and due date of November 30, 2005.
(hereinafter referred to as “each of the loans of this case”). B.
The Defendants were unable to repay the borrowed amount to the Plaintiff on March 12, 2014, followed again the loan certificate stating that “The principal amount of KRW 27,000,000 is living, and that the Plaintiff shall be the side of Korea.” On June 1 and April 201, the Defendants re-written the loan certificate stating that “The principal amount of KRW 27,00,000”
[Ground of recognition] Unsatisfy, Gap evidence 1, Eul evidence 1 (including each number in the case of additional number), the purport of whole pleadings
2. Determination:
A. We examine the determination of the cause of the claim. According to each of the above facts, it is reasonable to deem that Defendant B has the obligation to repay the loan borrowed on three occasions to the Plaintiff, and Defendant C has agreed to jointly and severally guarantee each of the Defendant B’s obligations by preparing a loan certificate in around 2014. Thus, barring any special circumstance, the Defendants are jointly and severally liable to the Plaintiff to pay to the Plaintiff 27,000,000 won and damages for delay calculated at the rate of 15% per annum as stipulated in the above Act from June 5, 2015 to September 30, 2015, the day following the delivery date of the copy of the complaint of this case, as requested by the Plaintiff, as requested by the Plaintiff.
Under the premise that the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings is 20% per annum, the Plaintiff claimed damages for delay at the statutory interest rate of 20% per annum from the day following the delivery date of a copy of the complaint of this case to the day of full payment. However, the Plaintiff was amended by Presidential Decree No. 26553, Sept. 25, 2015 and enforced from October 1, 2015.