Text
1. Defendant A shall pay to the Plaintiff KRW 140,269,283 and KRW 74,501,346 among them, from May 12, 200 to the date of full payment.
Reasons
1. The facts alleged by the Plaintiff as the cause of the instant claim do not conflict between the parties, or can be acknowledged by comprehensively considering the purport of the entire pleadings in each of the entries in Gap evidence Nos. 1 and 3.
2. Determination
A. According to the above facts of recognition, Defendant A is obligated to pay to the Plaintiff damages for delay calculated by the rate of 25% per annum from May 12, 2000 to the date of full payment with respect to KRW 140,269,283 as well as KRW 74,501,346, the remaining principal of the loan 1, and the remaining principal amount of the loan 74,501,346, respectively, to the Plaintiff, and the Defendants are jointly and severally liable to pay the Plaintiff the remaining damages for delay of the loan 3 to the Plaintiff.
B. On this issue, Defendant B asserts to the effect that the Plaintiff’s claim should be dismissed as it is expected to file a petition for bankruptcy on the grounds of economic difficulties.
However, there is no evidence that Defendant B filed a petition for bankruptcy, and even if the petition for bankruptcy was filed, it does not result in any limitation on the exercise of the Plaintiff’s right in the lawsuit. Thus, Defendant B’s assertion is without merit.
3. Conclusion, the Plaintiff’s claim of this case is accepted on the grounds of its reasoning.