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1. The Plaintiff:
A. Defendant B shall pay KRW 1,052,876 and KRW 1,00,00 among them from July 26, 2005 to the date of full payment.
Reasons
1. In full view of the purport of the entire pleadings as to the claims against Defendant B, the Plaintiff filed a loan claim lawsuit against Defendant B with the Incheon District Court 2004Gada37131, and on August 30, 2004, Defendant B received a decision of performance recommendation to pay the Plaintiff the amount of KRW 1,00,000,000 and the damages for delay calculated at the rate of 20% per annum from October 20, 2004 to the date of full payment, and it can be acknowledged that the above decision became final and conclusive on November 3, 2004.
On the other hand, since the Plaintiff was paid KRW 10,00,00 from Defendant B on July 25, 2005, it is deemed that the Plaintiff had been paid KRW 152,876 ( = 1,00,000 x 0.2 x 279/365) from October 2004 to July 25, 2005, the Plaintiff is still obligated to pay the Plaintiff the total amount of KRW 1,052,876 ( = 1,00,000,000 x 279/365) from October 25, 2005 to the principal and interest of KRW 1,00,000,000 from July 25, 2005; Defendant B is obligated to pay the Plaintiff the principal and interest of KRW 1,052,876 (=1,00,000,5287) from the following day to the date of repayment, 2005% from the principal and interest.
2. In full view of the purport of the arguments in the evidence Nos. 1 and 2 as to the claim against the defendant C, the plaintiff filed a claim for promissory notes with the Incheon District Court 2003Gada389892, Nov. 10, 2003, and the defendant C is obligated to pay to the plaintiff the amount of KRW 8,50,000 and the damages for delay calculated at the rate of 25% per annum from October 10 to November 15, 2003, and 20% per annum from the next day to the day of full payment. Thus, it can be acknowledged that the above decision became final and conclusive on Nov. 30, 2003. Thus, the defendant C is obligated to pay the above amount to the plaintiff, unless there are special circumstances.
Defendant C’s defense that the above promissory note was extinguished by the statute of limitations. Thus, the above decision of performance recommendation became final and conclusive on November 30, 2003.