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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 265,370,042 and KRW 200,000 among them, from March 26, 2015 to September 26, 2018.
Reasons
1. The description of the grounds for the change in the attachment No. 1 of the claim;
2. Confession of applicable provisions of Acts (Article 208 (3) 2 of the Civil Procedure Act);
3. Part partially dismissed (related to the starting point of counting delay damages).
A. While the Plaintiff received a total of KRW 38,200,000 from Defendant B over 20 times from July 10, 2010 to March 25, 2015, the Plaintiff is seeking interest on the said loan from June 9, 2010 and filed the instant claim.
B. However, according to the evidence evidence No. 7, the details of Defendant B’s repayment to the Plaintiff constitute KRW 38,200,000,00 as stated in the calculation sheet of the amount appropriated for the Plaintiff, as stated in the separate sheet of calculation of the amount appropriated for the payment, and thus, it is necessary to accept the payment. The above repayment amount by Defendant B is identical to the statement of calculation of the amount appropriated for the payment in the order of interest, delay damages, and principal pursuant to Article 479 of the Civil Act. Thus, as of March 25, 2015, the Plaintiff’s claim remains as principal amounting to KRW 200,000,000, delay damages damages, and KRW 65,370,042.
C. Meanwhile, the aforementioned amount is within the scope of the Plaintiff’s claim amount via the instant case. As such, the Defendants are jointly and severally liable to pay to the Plaintiff the principal amount of KRW 265,370,042 (i.e., KRW 65,370,000 for delay damages of KRW 200,000 for delay damages of KRW 65,370,042) and damages for delay calculated at each rate of KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 26, 2015, which is the day following the last repayment date of Defendant B, until September 6, 2018, when the duplicate of the written application for payment order was served on the Defendants.
Therefore, the claim for damages for delay from June 9, 2010 to March 25, 2015 shall be dismissed on the ground that the claim is without merit.