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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 20 million and 5% per annum from April 1, 2006 to April 24, 2015.
Reasons
1. Basic facts
A. On October 30, 2004, when the Plaintiff lent KRW 80 million to Defendant B, the Plaintiff agreed to pay KRW 80 million up to January 31, 2005, KRW 80 million up to June 30, 2015, and KRW 40 million up to September 30, 2005 (hereinafter “the instant money”). The Defendant Central Industry Development Corporation (hereinafter “Defendant Company”) guaranteed the performance of the said payment.
B. The maturity of the instant money was postponed until March 2006.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings
2. According to the above facts of determination, the Defendants jointly and severally have the obligation to jointly and severally pay to the Plaintiff 20 million won and the interest rate of 5% per annum prescribed by the Civil Act from April 1, 2006 to April 24, 2015, the delivery date of a copy of the complaint of this case, from April 25, 2015 to September 30, 2015, Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, Article 3(1) main sentence of Article 3(2) of the Addenda to the Regulations on Special Cases Concerning Expedition, etc. of Legal Proceedings (Presidential Decree No. 26553, Sept. 25, 2015) (amended by Presidential Decree No. 26553, Sept. 25, 2015) to the Plaintiff at the interest rate of 20% per annum under the main sentence of Article 3(1) of the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings
(Plaintiff filed a claim for the payment of damages for delay at the rate of 20% per annum after October 1, 2015, but since the amendment of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings changed to 15% per annum, the portion exceeding 15% per annum from October 1, 2015 to the date of full payment is without merit) of the claim for damages for delay. Accordingly, Defendant B agreed to guarantee the Plaintiff’s payment of damages for delay amounting to 80 million won from the Defendant Company as the pre-sale price of commercial buildings.