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1. The Defendant’s KRW 9,400,000 as well as the Plaintiff’s annual rate of KRW 5% from October 12, 2017 to November 7, 2017.
Reasons
1. According to the evidence No. 1 of the judgment as to the cause of the claim No. 1, it is recognized that C paid KRW 39,00,000 to the Plaintiff on November 23, 2016, and agreed to pay KRW 1,000,000 each month from January 10, 2017 to KRW 10,000 each month. The Defendant’s joint and several surety, and the Plaintiff received KRW 600,000 from C and the Defendant.
Therefore, the Defendant is jointly and severally liable with C to pay 9,400,000 won (10 minutes from January 10, 2017 to October 10, 2017) minus KRW 600,000,00 which was already paid to the Plaintiff (i.e., KRW 10,000,000 - 600,000) and the damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 12, 2017 to the date following the delivery date of a copy of the complaint in this case, which is a reasonable date to dispute the scope of the Defendant’s obligation to pay to the Plaintiff.
Considering the fact that KRW 1,00,000 which shall be paid from November 10, 2017 is not due as of the date of the closing of argument in this case, the Defendant cannot expect voluntary performance even if the maturity comes later, and thus, it is also necessary to claim in advance to the Plaintiff. The Defendant is also obligated to pay to the Plaintiff KRW 1,00,000 and delay damages calculated at the rate of 5% per annum as stipulated in the Civil Act from the following day of the maturity of the instant case to the date of the full payment.
2. The plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.