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1. The Defendants jointly and severally pay to the Plaintiff KRW 56,778,812 and KRW 15,868,532, respectively, from November 4, 2015.
Reasons
1. Facts of recognition;
A. On June 27, 2001, the Plaintiff loaned KRW 22,000,000 to Defendant A at the rate of June 27, 2004, interest rate of KRW 13.5% per annum, and delay damages rate of KRW 19% per annum (interest or delay damages rate on the day before the repayment date) (hereinafter “instant loan”), and on the same day, Defendant B and C guaranteed Defendant A’s obligation to lend to the Plaintiff.
(hereinafter referred to as the “joint and several sureties of this case”).
As Defendant A did not repay all of the above loans to the Plaintiff by the maturity date, the Plaintiff filed a lawsuit against the Defendants at the Daegu District Court Port Division on July 7, 2005 seeking the payment of the balance of the loan (19,560,000 won) and the damages for delay thereof, and against Defendant B, the same year.
9.6. The decision on performance recommendation (hereinafter referred to as the "decision on performance recommendation of this case") has become final and conclusive, and as regards Defendant A and C, the above court was sentenced to such a decision on October 26 of the same year (hereinafter referred to as the "the judgment of this case"). The above decision was finalized on December 14 of the same year.
C. The details of the principal and interest of this case as of November 3, 2015 are as follows.
Defendant A and B (Article 208(3)3 of the Civil Procedure Act) Decision by service by public notice (Article 208(3)3 of the Civil Procedure Act)
2. The assertion and judgment
A. According to the facts found in the determination as to the cause of the claim, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the principal of the instant loan of KRW 56,778,812 (the principal of the loan of KRW 15,868,532 and interest KRW 40,910,280 up to November 3, 2015) and the remainder of the principal of the loan of KRW 15,868,532, barring any special circumstance.
B. Defendant C’s defense is not less than 10 years after Defendant C received the instant loan from the Plaintiff, and the Plaintiff’s objection is made against Defendant A.