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1. The Plaintiff:
A. As regards Defendant D’s KRW 317,00,000 and its KRW 200,000,000 among them, Defendant D shall begin on December 31, 2016; and 117,00.
Reasons
1. Determination as to the claim against Defendant D
A. On September 2, 2016, the Plaintiff indicated the claim: (a) leased KRW 200,000,000 to Defendant Company B; (b) KRW 24% per annum on December 30, 2016; and (c) February 27, 2017, KRW 117,000,000 due date and KRW 24% per annum on March 5, 2017; and (c) Defendant D guaranteed each of the above loans owed by Defendant Company B.
Meanwhile, Defendant B paid to the Plaintiff KRW 16,000,000,000,000, prior to December 30, 2016, to the Plaintiff.
Therefore, the Plaintiff seek payment of the above KRW 200,000,000 from December 31, 2016, the following day after the due date for payment, and the interest and delay damages from February 28, 2017, which are the following day after the lending date.
(b) Articles 208 (3) 2 and 150 (3) and (1) of the Civil Procedure Act of the applicable provisions of Acts (a judgment made by deeming that the application is made);
2. Determination as to the claim against Defendant B and C
A. In full view of the overall arguments and arguments set forth in Gap evidence Nos. 1 through 3 (including serial numbers if any) on the claim for KRW 200,000,000 and delay damages, the Plaintiff agreed to lend KRW 200,000 to the Defendant Co., Ltd. on September 2, 2016 at a fixed rate of 24% per annum and interest rate of December 30, 2016, the Defendant C and D jointly and severally guaranteed the above loan obligation of Defendant Co., Ltd. from September 2, 2016 to the following day, the Plaintiff paid KRW 16,00,000,000 after subtracting the above repayment period of KRW 16,00,000 from the above repayment period of KRW 20,000 from September 2, 2016.
Therefore, barring any special circumstance, Defendant B and C jointly and severally with Defendant D are jointly and severally liable to pay to the Plaintiff the amount of KRW 200,000,000 as above loan and damages for delay calculated by the rate of 24% per annum from December 31, 2016 to the date of full payment.
(b) claims of KRW 117,00,000 and interest and delay damages;