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1. The Defendants are jointly and severally and severally liable to the Plaintiff for 485,660,000 won and the period from August 22, 2015 to September 30, 2015.
Reasons
1. Determination as to the cause of claim
A. Facts of recognition 1) The Plaintiff is Defendant A Co., Ltd. (hereinafter “Defendant A”) between May 2005 and August 2005.
(2) On August 16, 2005, the Defendants: (a) lent approximately KRW 450,000,000 to the Plaintiff; and (b) at the time of borrowing as above, Defendant A provided the Plaintiff with a check number (the check number (the check number: Korea Exchange Bank, check number: C) in blank of the amount issued by Defendant A; (c) on August 16, 2005, the Defendants drafted and delivered to the Plaintiff a letter of commitment that “Defendant A shall discount the check number C, check amount of KRW 515,60,000, and the date of payment (the check number of KRW 515,660,00) from the Plaintiff, and pay the said amount to the Plaintiff on August 31, 2005, and Defendant B shall be jointly and severally guaranteed by the Plaintiff.”
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8, purport of the whole pleadings
B. Comprehensively taking account of the above facts and the evidence, Defendant A determined the aggregate amount of the loan and interest or delay damages incurred from May 2005 to August 2000 as KRW 515,660,000 between the Plaintiff and the Plaintiff, and agreed to pay that amount until August 31, 2005, and Defendant B was jointly and severally guaranteed.
Therefore, the Defendants are jointly and severally liable to pay 485,660,000 won (=515,660,000 won - 30,000 won - 30,000 won) remaining excluding 30,000,000 won that the Plaintiff was paid to the Plaintiff, as sought by the Plaintiff, 20% per annum from August 22, 2015 to September 30, 2015, which is the day following the day when the duplicate of the instant complaint was served to the Defendants, and damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
[Plaintiffs claimed damages for delay calculated at the rate of 20% per annum, but the main text of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (Presidential Decree No. 2004).