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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 50,00,000 and 5% per annum from February 15, 2018 to August 2, 2018.
Reasons
1. Determination on the cause of the claim
A. On February 15, 2017, the Plaintiff lent KRW 50,000,00 to Defendant B on a due date for reimbursement on February 14, 2018 (hereinafter “instant loan”), Defendant C Co., Ltd. (hereinafter “C”), and D guaranteed the instant loan obligations, are not in dispute between the Plaintiff and Defendant D, or are recognized by the purport of Gap 1 through 4 (including the provisional number), and the Plaintiff and Defendant C were sent a duplicate of the complaint and the time to examine the Plaintiff’s claim is necessary. The Plaintiff and Defendant C did not appear at the due date for pleading after submitting a written reply on August 30, 2018 (the written reply submitted on November 27, 2018 is an objection to a decision substituting the conciliation, and cannot be deemed a date for pleading).
The Defendants are deemed to have led to confession under Article 150 of the Civil Procedure Act.
B. Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 50,000,000 won and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from February 15, 2018 to August 2, 2018, which is the date of the final delivery of the copy of the complaint, and 15% per annum as stipulated by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings, from the next day to the date of full payment.
C. As to this, Defendant D was paid only some of the instant loans from Defendant B, and thereafter Defendant C paid the amount to be repaid to Defendant B, and thus, Defendant C cannot respond to the Plaintiff’s claim. However, the instant loan was repaid solely on the basis of such circumstance.
The above defendant's assertion is without merit, since the plaintiff's claim is not a ground for rejection, such as exemption of guaranteed liability.
2. It is so decided as per Disposition by the assent of all participating Justices, on the ground that the plaintiff's claim is reasonable.