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1. The Defendants are jointly and severally liable to pay KRW 24,00,000 and the interest rate of KRW 15% per annum from August 13, 2015 to the date of full payment.
Reasons
1. On September 22, 2011, the Plaintiff’s determination as to the claim against Defendant B farming association corporation (hereinafter “Defendant corporation”) leased KRW 8,00,00,00 to Defendant B farming association (hereinafter “Defendant corporation”) for the rent of KRW 8,00,00 per annum, the Plaintiff and the Defendant corporation are not disputing parties, and the Defendant corporation is the Defendant corporation that did not pay the rent for the three-year period.
Therefore, the Defendant corporation is obligated to pay the Plaintiff the amount of KRW 24,00,000 (per annum 8,000,000 x 3 years) and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from August 13, 2015 to the date of complete payment, which is the day following the delivery of a copy of the complaint of this case.
2. Determination as to the claim against Defendant C
A. As Defendant C guaranteed the payment of the rent to the Plaintiff on December 5, 2012 with respect to the obligation to pay the said rent to the Plaintiff, Defendant C, jointly and severally with the Defendant corporation, is liable to pay the rent of KRW 24,00,000 that is not paid to the Plaintiff.
(b) Article 208 (3) 2 of the Civil Procedure Act of the applicable provisions of Acts.
3. It is so decided as per Disposition by the assent of all participating Justices on the ground that the plaintiff's claim of this case is justified.