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1. As to Defendant C and Defendant D’s joint and several liability amounting to KRW 350,000,000 against the Plaintiff:
A. Defendant.
Reasons
1. The Plaintiff asserted that the judgment on the claim against Defendant C and Defendant D was jointly and severally made between Defendant C Co., Ltd. (hereinafter “Defendant C”) and Defendant D, and that the Plaintiff agreed to pay KRW 350,000,000, out of the money loaned to Defendant C Co., Ltd. (hereinafter “Defendant B”), until April 15, 2019. The said Defendants did not appear at all on the date for pleading of this case without giving any reply despite being served with the instant complaint. Thus, the said Defendants were deemed to have led to the confession of all of the Plaintiff’s allegations under Article 150(3) and (1) of the Civil Procedure Act.
Therefore, Defendant C and Defendant D are jointly and severally liable to pay to the Plaintiff the agreed amount of KRW 350,00,000,000 as well as damages for delay calculated at the rate of 12% per annum under the Civil Act from April 16, 2019 to May 17, 2019 (Defendant C) and from May 17, 2019 (Defendant DD) as the delivery date of each copy of each complaint against the said Defendants; 15% per annum under the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to May 31, 2019; and 15% per annum under the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from June 1, 2019 to the day of full payment.
[The part of the claim for delay exceeding 12% per annum from June 1, 2019 pursuant to the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings (wholly amended by Presidential Decree No. 29768, May 21, 2019 and enforced June 1, 2019) is not recognized. 2. On September 20, 2018, the Plaintiff leased KRW 400,000 to Defendant B on September 20, 2018. As such, the Defendant B has the obligation to pay the remainder of the loan that deducts KRW 50,000,000 paid by Defendant B from the loan to the Plaintiff, and delay damages therefrom.
According to the evidence No. 3, the Plaintiff was deemed to have remitted KRW 400,000,00 to the account under Defendant B’s name on September 20, 2018, but the foregoing KRW 400,000 is deemed to have been loaned.