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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 180,000,00 and 5% per annum from January 1, 2010 to July 7, 2020.
Reasons
1. Facts of recognition;
A. On October 1, 2009, the Plaintiff drawn up a loan certificate stating that Defendant B borrowed KRW 200 million from the Plaintiff and repaid until December 31, 2009 (hereinafter “the loan certificate of this case”). Defendant C and D affixed the loan debt based on the loan certificate of this case as a joint guarantor.
B. From October 1, 2009 to October 4, 2009, the Plaintiff paid a total of KRW 190 million to Defendant B.
C. Defendant B remitted the sum of KRW 10 million on Nov. 4, 2009 and KRW 10 million on Nov. 6, 2009 to the Plaintiff’s account.
(hereinafter) (hereinafter referred to as “the instant repayment amount”). [Based on recognition] Defendant B and D: Defendant C by public notice; there is no dispute over the judgment by public notice; Party A’s No. 1 (a certificate, Defendant C’s stamp image part is presumed to be the authenticity of the entire document due to the lack of dispute) ; Party A’s entries, 3, and 4; and the purport of the entire pleadings.
2. Determination as to the claim against Defendant B and D
A. On October 1, 2009, the Plaintiff borrowed KRW 200 million to Defendant B on December 31, 2009 as the due date for repayment, and paid KRW 190 million after deducting KRW 10 million as the prior interest. Defendant D jointly and severally guaranteed the above loan obligations.
However, Defendant B paid 10 million won on Nov. 4, 2009 and 10 million won on Nov. 6, 2009 as interest and did not repay the leased principal.
Therefore, Defendant B and D are jointly and severally liable to pay to the Plaintiff the amount of KRW 200 million and the amount of damages for delay calculated at the rate of 5% per annum under the Civil Act from January 1, 2010 to the delivery date of a copy of the complaint in this case from January 1, 2010 to the delivery date of a copy of the complaint in this case, and 12% per annum under the Act on Special Cases Concerning Expedition,
(b) Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);
(c) Partial dismissal:3-A.
As seen in the subsection, the Plaintiff.