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1. The Defendants are jointly and severally and severally with D to KRW 4,080,821 as well as to the Plaintiff from January 19, 2017 to June 22, 2017.
Reasons
D Around November 18, 2013, there was an entry that the Plaintiff prepared a written investment agreement with the Plaintiff, and on February 18, 2014, written a letter to the effect that “The Plaintiff will borrow KRW 30 million from the Plaintiff and repay by April 30, 2014.”
The Defendants signed and obstructed the above notes for the purpose of joint and several sureties.
In the auction procedure related to Defendant B (Seoul Western District Court E), the Plaintiff received dividends of KRW 30 million as the mortgagee on January 18, 2017.
[Ground of recognition] In light of the facts without dispute, Gap evidence No. 1, and the purport of the entire pleadings, according to the above facts of recognition, D and the defendants are obliged to pay to the plaintiff the principal amount of KRW 30 million and damages for delay calculated at the rate of 5% per annum from May 1, 2014 (Civil Act).
I would like to say.
Meanwhile, KRW 30 million, which the Plaintiff received in the auction procedure, shall be appropriated in the order of expenses, interest, and principal pursuant to Article 479(1) of the Civil Act. At the time of January 18, 2017, the Defendants’ obligations under each of the above written statements, as at the time of January 18, 2017, include KRW 30 million and interest KRW 40,80,000 and interest KRW 50,000,000,000 x 5% x 263/365,00) (and less than KRW 263/365,00). As such, the said KRW 30,000,00 were first appropriated for damages for delay, and the remainder was appropriated for principal, and the principal amount would remain as KRW 40,80,821.
Therefore, the Defendants are jointly and severally obligated with D to pay to the Plaintiff KRW 4,080,821 as well as damages for delay calculated at the rate of 5% per annum from January 19, 2017 (the date following partial repayment) to June 22, 2017 (the date of this judgment) and 15% per annum from the following day to the date of full payment (the date of this judgment).
Therefore, the plaintiff's claim of this case against the defendants is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.