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1. The plaintiff, the defendant limited liability company B, the 287,671 won, and the defendant C, jointly and severally with the defendant limited liability company B, 134.
Reasons
1. Recognizing the absence of dispute and the entry in Gap evidence 1 and 2 together with the overall purport of the pleadings, facts in the annex may be recognized.
2. According to the above facts of recognition, Defendant C and D are the assignee of each contribution unit, and each of the above Defendants is liable to pay KRW 35 million to the Plaintiff, and the Defendant Company is the joint and several surety for each of the above Defendants.
Accordingly, the Defendants asserted that on April 28, 2017, after the filing of the instant lawsuit, the Plaintiff paid the Plaintiff a total of KRW 70 million ( principal) to the Plaintiff, and the Plaintiff also recognized this.
Therefore, while the Defendants’ obligation to pay principal to the Plaintiff was extinguished, some damages for delay (the amount calculated by the rate of 5% per annum from April 28, 2017, the principal repayment date, which is appropriate for the Defendants to dispute as to the existence and scope of performance obligation) sought by the Plaintiff in the claim, still remains.
Therefore, the Defendant Company: (a) KRW 287,671, calculated annually from March 30, 2017 to April 28, 2017, the day following the delivery date of a copy of a complaint to KRW 70 million (i.e., KRW 70 million x 5/100 x 30/365 x less than KRW 35 million x jointly with the Defendant Company; (b) Defendant C shall jointly and severally with the Defendant Company at a rate of KRW 134,246, calculated annually from April 1, 2017 to April 28, 2017 (i.e., KRW 35 million x KRW 500 x KRW 28/100 x less than KRW 365 x 301,500 x 305 x 507 x 307.15 x 505 x 2015 x 307.15 x 507 x 507.1.205 x x 507.25
3. Therefore, the plaintiff's claim against the defendants is accepted within the scope of the above recognition, and the remaining claims are dismissed as they are without merit.