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1. The Defendant jointly and severally with the Plaintiff as to KRW 7,047,356 and KRW 1,879,789, among them, shall be jointly and severally with the Defendant Company B on April 29, 2015.
Reasons
1. Indication of claim;
A. On September 4, 200, the Plaintiff lent KRW 50,000,00 to B Co., Ltd. (hereinafter “B”), and Defendant A and C provided joint and several sureties.
B. The Plaintiff filed with the Seoul Central District Court 2005Ka40877 for a payment order against B, Defendant A, and C, with the amount calculated by the rate of 19% per annum from November 9, 2000 to the date of full payment, and the amount calculated by the rate of 36,171,976 won jointly and severally, and the amount calculated by the rate of 19% per annum from October 30, 200 to the date of full payment. The above payment order was served to C, etc., and it was finalized on October 27, 2005.
C. C As of October 12, 2012, upon the death of October 12, 2012, Defendant A, E, F, G, and H were the deceased’s heir.
(A) The decision of recommending reconciliation is final and conclusive with respect to the remaining successors except the defendant).
The plaintiff filed the lawsuit of this case against C for the interruption of extinctive prescription of the credit extended on September 4, 2000 (the credit extended on September 4, 200) based on the above payment order.
2. Judgment by service (Article 208 (3) 3 of the Civil Procedure Act).
3. Of the above part of the above Seoul Central District Court 2005Da408777, the loan claims of this case among the payment order of the above Seoul Central District Court 2005Da40877 refers to the payment of 12,218,632 won jointly and severally to the Plaintiff and 19% interest per annum from November 9, 200 to the day of full payment.
(B) For claims, the payment order is finalized by Seoul Central District Court No. 2015 tea27741. The damages for delay from November 9, 2000 to April 28, 2015, which is the base date for calculating interest, is 33,589,186 won (12,218,632 x (141/365).
Therefore, the defendant's share in the above principal is 1,879,789 won (12,218,632 won x 2/13, and less than won) and the defendant's share in the principal is 7,047,356 won (12,218,632 won x 33,589,186 won) x 2/13, and less than won.