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1. The Defendants jointly and severally pay to the Plaintiff KRW 139,735,477 and KRW 36,983,706, respectively, from July 7, 2016.
Reasons
1. The existence of the confirmed executive titles;
A. On May 7, 2003, Defendant C Co., Ltd. (hereinafter “Defendant C”) issued, respectively, promissory notes of KRW 7.920,000,000,000,000,000,000,000,000,000 from the date of May 7, 2003 to Defendant C Co., Ltd. (hereinafter “Defendant C”); and on June 12, 2003, a promissory notes of KRW 43,00,000,000,000,000,000,000.
Defendant C endorsed each of the above promissory notes and delivered them to the Plaintiff, and the Plaintiff is in possession of them.
B. The Plaintiff filed against the Defendants a claim against the Defendants for damages for delay calculated at the rate of 6% per annum from each due date to each due date to each due date of payment, and 20% per annum from the next day to the due date of full payment.
The payment order issued on July 21, 2006 by this Court against Defendant A was finalized, and against Defendant C, it was implemented as a litigation procedure due to the lack of service (this Court Decision 2006Da77631) (the pleading procedure was conducted through service by public notice). It was sentenced and finalized to the same effect on February 6, 2007.
[Reasons for Recognition] Evidence No. 1-1 and No. 2-2, the purport of the whole pleadings
2. Determination
A. The Plaintiff claimed KRW 102,751,771 ( KRW 16,341,104, KRW 86,410,667) from July 4, 2016 by calculating the damages for delay of each of the above promissory notes in this case as 15 to 19% per annum within the scope of 20% per annum, which is the rate of delay damages cited in the above payment order and the judgment. The Plaintiff voluntarily recognized that part of the face value of each of the above promissory notes remains at KRW 5,752,376 and KRW 31,231,30 per annum.
B. Therefore, the Defendants are jointly obligated to pay the said principal and interest 139,735,477 won (102,751,771 won 5,752,376 won 31,231,330 won) and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 7, 2016 to the date of full payment.
C. Defendant A.