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1. Defendant (Appointed Party) and Appointed C shall jointly and severally serve as the Plaintiff KRW 24,00,000,000, and as a result, from August 1, 2015.
Reasons
1. Facts of recognition;
A. On September 1, 2008, the Plaintiff loaned KRW 24 million to the Defendant (Appointed Party) at the interest rate of KRW 3% per month and due date on September 1, 2009.
B. On October 20, 2013, the Plaintiff and the Defendant (Appointed Party) have extended the repayment period of the above loan until July 31, 2015; however, if the principal of the loan is not paid even before the new repayment period, the Plaintiff agreed to pay the delayed payment amount in addition to 10% per annum, and the Appointed jointly and severally guaranteed the Defendant (Appointed Party)’s obligation.
[Recognition] Facts without dispute, each entry in Gap 1-3 evidence (including a tentative number)
2. Determination:
A. According to the above facts of recognition, the defendant (appointed party) and the appointed party C are jointly and severally liable to pay to the plaintiff 24 million won of the leased principal and the damages for delay calculated by the rate of 10% per annum from August 1, 2015 to November 27, 2015, the delivery date of the application for the payment order in this case, from August 1, 2015, which is the day following the due date, to November 27, 2015, and 15% per annum from the next day to the day of full payment.
B. As to this, Defendant (Appointed Party) asserts that the leased principal is KRW 20 million and KRW 4 million is interest at the time, and that the performance agreement dated October 20, 2013 belongs to the selector C, and that the selector C is not liable for joint and several sureties, but there is no evidence to acknowledge it.
3. If so, the plaintiff's claim of this case against the defendant (appointed party) and the appointed party C is justified, and it is so decided as per Disposition.