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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 85,184,426 and KRW 35,184,426 among them, from October 31, 2015 to 50,000.
Reasons
1.Any of the following facts may be admitted either as a dispute between the parties or as a whole by adding to the statements in Gap 1:
On May 6, 2015, the Plaintiff lent KRW 100 million to Defendant B on May 6, 2015.
9. The payment was made up to 30.30, and the remaining five million won was agreed to be made up to May 6, 2016, and Defendant C guaranteed Defendant B’s obligation to return the loan.
The Plaintiff received reimbursement of KRW 1.5 million on June 30, 2015 from the Defendant’s side, including KRW 5 million and KRW 1.5 million on October 30, 2015.
2. The Plaintiff asserted that the interest rate at the time of lending was set at 3% per month, but there is no evidence to acknowledge it.
3. According to the above facts, as of October 1, 2015, the principal amount of KRW 45 million was overdue as of October 1, 2015, and KRW 10 million paid on October 30, 100, which was 45 million following the one-time due date, the amount of KRW 184,426 under the Civil Act as to the above KRW 45 million (i.e., KRW 4., KRW 5 million x 5% x 30/366 x 30/366 for calculation convenience) and the principal amount of KRW 9,815,574 and the principal amount of KRW 35,184,426 remain.
4. If so, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 85,184,426 as well as KRW 35,184,426 as well as damages for delay calculated at the rate of 5% per annum under the Civil Act until April 3, 2018, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the date following the date of repayment, as to KRW 50,000,00, which is the remainder of KRW 50,000 from October 31, 2015, and as to the remainder of KRW 50,00 from May 7, 2016, which is the date following the date of the agreed repayment, to each Defendants’ dispute over the existence or scope of the obligation to perform. Thus, the Defendants are jointly and severally liable to pay damages for delay within the scope