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1. The Defendants jointly and severally agreed to the Plaintiff KRW 33,637,418, and 5% per annum from August 30, 2016 to November 2, 2016.
Reasons
1. According to the statements in Gap evidence Nos. 1 through 5, D lent KRW 100,00,00 to defendant C on August 14, 2009, and Defendant B transferred one-half of the loan claims in this case to the plaintiff and E on March 17, 2015, respectively. The notification of the transfer of claims was made at that time. The plaintiff can be acknowledged that the plaintiff received dividends of KRW 16,362,582 on June 23, 2015 in the auction procedure of F Real Estate in the Incheon District Court in relation to real estate owned by the defendant Eul.
According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff 3,637,418 won (=(100,000,000 won x 1/2) - 16,362,582 won) and for this, 5% per annum from August 30, 2016 to November 2, 2016, which is the day following the delivery date of the complaint in this case, and 15% per annum from the next day to the day of full payment.
2. The Plaintiff asserts that the Defendants are liable to pay damages for delay at the rate of 5% per annum as prescribed by the Civil Act from August 20, 2009 to the instant loan claims.
However, since there is no evidence of assertion as to the period of repayment of the instant loan claim, and there is no interest agreement, the part claiming interest or delay damages from August 20, 2009 to August 29, 2016, which was served by the complaint of this case to Defendant C, the principal debtor, is not accepted (it is not recognized that the period of the instant loan obligation has arrived merely because the Defendant C was partly repaid of the instant loan claim in the course of voluntary auction of real estate conducted with respect to the real estate owned by Defendant C, the principal debtor, unless there is evidence of assertion as to the claim for performance against Defendant C, who is the principal debtor, during the period of voluntary auction of real estate conducted with respect to the real estate owned by Defendant B).