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1. The Defendants shall jointly and severally serve as KRW 105,00,000 on the Plaintiff and as a result, from May 13, 2010 to July 12, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff loaned KRW 127,00,000 to Nonparty D in total between July 30, 2008 and December 11, 2008.
B. The Plaintiff filed a suit against D, etc. at around 2009 by this Court No. 2009Gahap1375 and filed the suit from this Court “1. The Plaintiff,”
A. D was sentenced to a judgment of 127,00,000 won and 20% interest rate per annum from May 13, 2010 to the date of full payment. The above judgment became final and conclusive around that time.
C. The Plaintiff filed a complaint against D in fraud. On July 18, 201, the Defendants subrogatedly repaid KRW 22,00,000 among the above loans to the Plaintiff, and discharged from D with respect to the remainder of KRW 105,00,000,00,000, and paid in full until July 31, 2015, D and Defendants paid in full the minimum annual amount of payment during the above period, and agreed to pay in advance interest of KRW 10,000 per annum for the amount not paid within the above period and the amount not paid by the above period. The Defendants promised to pay in full interest of KRW 20,000 per annum for the amount of payment other than the amount of payment in question to the Plaintiff.
1.(a)
The items payable by 20% per annum from May 13, 2010 shall apply retroactively to this paragraph.
“Along with the content of a written agreement, I prepared a joint and several guarantee for D’s debt to the Plaintiff.
(1) The Defendants may be deemed to have jointly and severally guaranteed the debt of D, taking into account the following circumstances: (a) the Defendant’s statement in the evidence No. 1; (b) the preparation process of the above agreement; and (c) the fact that Defendant B did not dispute the Plaintiff’s assertion of joint and several liability; and (d) the Defendants jointly and severally guaranteed the said debt of D. [Grounds for recognition] Defendant B: (a) the confession of the parties (Article 150(3) and (1) of the Civil Procedure Act)
2. According to the above facts of determination as to the cause of the claim, the Defendants jointly and severally agreed on KRW 105,00,000 as well as the date on which the copy of the complaint in this case was delivered to the Defendants from May 13, 2010 until July 12, 2017, and the agreement rate is 20% per annum.