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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 122 million and, among them, KRW 100 million.
A. As to KRW 7 million, Defendant B shall be on October 2019.
Reasons
1. Facts of recognition;
1. The Defendants jointly and severally pay to the Plaintiff KRW 7 million on the 30th day of each month from November 2009 to May 2010, respectively, on the 7th day of each month, in which case the Defendants are jointly and severally liable to pay to the Plaintiff KRW 7 million, but in which case they are in arrears on two or more occasions, they shall immediately lose the benefit of the time and pay
2. The Defendants shall pay a sum of KRW 115 million, separate from the money set forth in the foregoing paragraph 1, up to May 30, 2010; however, in the event of arrears, the Defendants shall pay the balance at the rate of 20% per annum from the date of arrears to the date of full payment.
The Plaintiff paid KRW 110 million to Defendant C Co., Ltd. (hereinafter “Defendant C”) to whom the Plaintiff acquired the above company’s loan to Defendant D, and Defendant C jointly and severally guaranteed the above Defendant C’s obligation to pay KRW 100 million when the Plaintiff paid KRW 10 million to Defendant C, the Plaintiff filed an application for the order to pay the above Defendant C’s loan to Suwon District Court for the payment of KRW 100 million to the Defendant, and the subsequent conciliation was concluded on November 12, 2009 between the Plaintiff and the Defendants in the subsequent litigation proceedings (Uwon District Court Sungnam Branch Branch Branch Branch 2009Ga23626).
B. However, the defendants did not perform the above matters of mediation.
[Reasons for Recognition] Defendant C: Statement of Confession (Article 150(3) of the Civil Procedure Act) Defendant B: Statement of Evidence No. 1, the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of recognition as to the cause of claim, barring any special circumstance, the Defendants are jointly and severally liable to the Plaintiff; (1) from October 17, 2019, the day following the delivery date of a copy of the complaint, as the Plaintiff seeks, Defendant C shall be liable to compensate for damages calculated at the rate of 12% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from December 25, 2019 to the day of complete payment; (2) KRW 15 million from May 31, 2010 to the day of delivery of a copy of the complaint against the above Defendant; and (3) Defendant C shall be liable to compensate for damages calculated at the rate of 12% per annum as from December 25, 2019 to the day of complete payment.