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1. The Defendants jointly and severally agreed with the Plaintiff KRW 14,169,80, and 6% per annum from January 24, 2009 to January 29, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company selling alcoholic beverages, etc., and the Defendants are those who operated a restaurant in the trade name of “C”.
B. On October 5, 2007, the Plaintiff lent KRW 15 million to the Defendants for the purpose of operating the said restaurant. The Defendants and the Defendants agreed to pay the said amount in installments by dividing the said amount by one million won per month. If the Defendants delayed the payment of the said amount once, they would lose the benefit of time and receive damages for delay in addition to 25% per annum.
C. On April 4, 2008, the Defendants paid to the Plaintiff the total amount of KRW 15,469,800 in liquor and the above borrowed amount, and the Defendants agreed to pay KRW 1,469,80 in total up to June 30, 2008 and the remainder of KRW 14 million in installments each month.
After that, on October 18, 2008, Defendant B again agreed to pay to the Plaintiff KRW 15,469,800,000 in 50,000 each month from January 23, 2009.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings
2. According to the above facts finding as to the plaintiff's claim, the defendants are jointly and severally liable to pay to the plaintiff 14,169,800 won remaining after subtracting 1,300,000 won from the amount of the above liquor and loan, and as the plaintiff seeks, the copy of the complaint in this case was served to the defendants from January 24, 2009 until January 29, 2015, and 6% per annum under the Commercial Act until January 29, 2015, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day until the date of full payment.
As to this, the Defendants asserted to the effect that they cannot respond to the Plaintiff’s claim since they applied for bankruptcy and exemption. However, the Plaintiff’s claim cannot be rejected solely on the grounds as alleged by the Defendants. Therefore, the Defendants’ assertion is acceptable.