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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. In the first instance court, the Plaintiff sought payment of KRW 10 million to the Defendants on October 11, 2004, jointly and severally against Defendant B, KRW 22 million on March 19, 2005, ③ unpaid rent of KRW 25.9 million on March 19, 2005, ④ unpaid rent of KRW 202 in Incheon Seo-gu, Incheon, Seo-gu, Incheon, and ④ unpaid rent of KRW 3.8 million on loan used by the above Defendant’s employees. The court of first instance accepted only the loan claim and dismissed all the remainder of the claim.
Accordingly, the Defendants only appealed as to the cited portion of the loan claims, and thus, the subject of this Court’s judgment is limited to the part regarding the loan claims ① as above.
2. The parties' assertion and judgment
A. According to the overall purport of Gap evidence Nos. 1 and 2 (including additional numbers) as to the cause of the claim and the entire pleadings, it is recognized that the plaintiff paid 1,040,000 won to the plaintiff by 1.3% (130,000 won per month) on October 11, 2004 as interest rate of 1.3% (1.30,000 won per month) on October 11, 2007, and on the same day, defendant C guaranteed the debt of this case, and the defendant Eul guaranteed the debt of this case from November 14, 2004 to June 17, 205.
According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff interest of KRW 10 million with the return of the loan of this case and after the above appropriation date of interest, and as requested by the plaintiff, 15.6% per annum under the agreement from July 12, 2005 to November 6, 2014 from the day when the copy of the complaint was served on the defendants, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
Even after the date of service of the complaint, 15.6% per annum under the agreement shall be applied, but only the defendants appealed.