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The Defendants jointly and severally pay to the Plaintiff KRW 60,000,000 and the interest rate of KRW 12% per annum from May 19, 2020 to the date of full payment.
Reasons
1. The facts that there is no dispute, and comprehensively taking account of the overall purport of the pleadings as to the statements in Gap evidence Nos. 1 through 3, the plaintiff opened an overseas futures account with the defendant Eul on Nov. 20, 2017, and entrusted the defendant Eul with the sale and purchase of overseas futures with the entrustment money. The defendant Eul takes charge of the sale and purchase of overseas futures with the entrustment money. The contract term is six months, the dividend rate is two (Plaintiff):8 (Defendant) and the defendant Eul agreed to pay 100% of the loss in the event the plaintiff suffered loss to the plaintiff (hereinafter "the agreement of this case"). The plaintiff opened an overseas gift account with the amount of KRW 50 million in the name of the plaintiff and transferred it to the defendant Eul at that time, the plaintiff and the defendant Eul extended the contract term of this case on May 20, 2018, and the plaintiff and the defendant Eul may separately recover the contract term of this case to the defendant Eul on Feb. 1, 2019; and they can separately recognize the plaintiff's joint and several surety.
2. According to the above facts of recognition, the agreement of this case has expired on February 1, 2020, and barring any special circumstance, the defendants are jointly and severally liable to pay to the plaintiff 60 million won and damages for delay at the rate of 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from May 19, 2020 to the date of full payment, as requested by the plaintiff.
3. If so, the plaintiff's claim against the defendants is justified, and it is so decided as per Disposition.