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1. The Plaintiff:
A. The Defendants are jointly and severally liable to pay KRW 100,000,000 and the interest thereon from August 1, 2004 to the date of complete payment.
Reasons
1. Determination on the cause of the claim
A. On June 30, 2004, the Plaintiff lent KRW 100 million to Defendant B with interest rate of KRW 2% per month, and three months due date for payment. Defendant C jointly guaranteed this. Meanwhile, on March 30, 2006, Defendant C paid KRW 333 million to the Plaintiff by May 10, 2006. (2) The Plaintiff filed a lawsuit against the Defendants seeking payment of the said claim.
On December 21, 2007, Jinwon District Court Jinwon Branch (2007Gahap1763) sentenced the Plaintiff to the judgment that “the Defendant jointly and severally pays the Plaintiff 100 million won and the amount calculated by the rate of 24% per annum from August 1, 2004 to the full payment of the said amount, and the Defendant C shall pay the Plaintiff 333 million won and the amount calculated by the rate of 20% per annum from August 1, 2007 to the full payment of the said amount” (hereinafter “instant judgment”), and the above judgment became final and conclusive as it is.
3) The Plaintiff filed the instant lawsuit for the interruption of extinctive prescription of the claim established by the instant judgment. [In the absence of any dispute over the grounds for recognition, the entries in the evidence Nos. 1 and 2, and the purport of the entire pleadings]
B. According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 10 million won and damages for delay calculated at the rate of 24% per annum from August 1, 2004 to the date of full payment. Defendant C borrowed KRW 100 million per annum from August 1, 2007 to September 30, 2015, and damages for delay calculated at the rate of 20% per annum from August 1, 2007 to September 30, 2015, and 15% per annum from the next day to the date of full payment as requested by the plaintiff. 2) As to this, Defendant C was awarded a contract for construction of officetels from Defendant B around 204, and Defendant C borrowed KRW 100 million per annum from the plaintiff as joint and several sureties, and Defendant C did not receive the construction payment from the plaintiff.