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1. The plaintiff, the defendantB shall be 250,000,000 won, the defendantC shall be 100,000,000 won in collaboration with the defendantB, and the defendant D shall be 150,000 won in collaboration with the defendantB.
Reasons
1. The Plaintiff, around July 26, 2010, lent KRW 150,00,00 to the Defendant B with interest rate of KRW 1% on and around July 26, 2010 (hereinafter “the first loan”). The Plaintiff again, around August 25, 2010, determined KRW 100,000 to the Defendant B as interest rate of KRW 1% on and around August 25, 2010, and on August 25, 2015 (hereinafter “the second loan”). Defendant C loaned the Defendant B’s loan obligation on the second loan of this case to the Plaintiff on and after August 25, 2010, Defendant B did not transfer the instant loan to the Plaintiff with interest rate of KRW 10,000,000 to the Plaintiff, and Defendant C did not have any dispute between the Plaintiff and the Plaintiff.
Therefore, Defendant B is jointly and severally liable with Defendant B to pay the Plaintiff damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 5, 2015 to the day of service of the complaint of this case, as the Plaintiff seeks against the Plaintiff as to KRW 100,000,000 corresponding to the principal of the second loan of this case among the above amounts, and each of them, and Defendant C is liable to pay damages for delay calculated at the rate of 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from November 28, 2014 to day of full payment.
2. Determination as to Defendant D
A. On July 26, 2010, the Plaintiff used the instant first loan in relation to KRW 150,000,000 to Defendant B. On the same day, Defendant D jointly and severally guaranteed the Plaintiff’s debt for the first loan of this case. Defendant B did not pay interest to the Plaintiff after August 8, 2014, and the Plaintiff terminated the instant first loan contract with the delivery of the instant complaint.
Therefore, Defendant D jointly and severally with Defendant B, as the Plaintiff seeks, to pay for delay calculated at the rate of 20% per annum from January 16, 2015 to the full payment day, following the delivery day of the instant complaint, as the Plaintiff seeks.