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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Comprehensively taking account of the purport of the entire pleadings as to the evidence No. 1 of the judgment as to the cause of the claim No. 1, the Plaintiff determined and lent KRW 100 million to Defendant Incorporated Incorporated Company B (hereinafter “Defendant Company”) on or around January 14, 201, as of January 14, 2012 (at that time, the Plaintiff agreed to receive monthly interest from the Defendant Company), and the fact that Defendant C and the Plaintiff’s type D guaranteed the Defendant Company’s above obligation to the Plaintiff.
According to the above facts, barring any special circumstance, the Defendants are jointly and severally obligated to pay to the Plaintiff 10 million won of the above loans (hereinafter “the instant loans”) and 5% of the annual interest rate prescribed by the Civil Act from January 15, 2011 to July 28, 2015, the delivery date of a copy of the complaint in this case, and 3% of the annual interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings until September 30, 2015, Article 2(2) of the Addenda of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, Article 3(1) main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015); and 20% of the annual interest rate under the main sentence of Article 3(1) and main sentence of Article 3(1)5
The Plaintiff claimed for the payment of damages for delay at the rate of 20% per annum from the day after the delivery of the duplicate of the instant complaint to the day of full payment. However, the statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which was amended by Presidential Decree No. 26553, Sept. 25, 2015 and enforced from October 1, 2015, is 15% per annum, and Article 2(2) of the Addenda of the same Act is pending in the court at the time of enforcement of this Decree.