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1. As to Defendant C’s KRW 1,624,188,020 for Plaintiff A limited liability company and KRW 1,609,227,221 among them, the Plaintiff.
Reasons
Facts of recognition
Attached Form
4 The facts in the cause of the claim are either difficult to dispute between the plaintiffs and the defendant, or can be acknowledged by adding the whole purport of the pleadings to the respective statements in Gap evidence Nos. 1 through 10 (including additional numbers). Among the plaintiffs, defendant D, and E, the above defendants only submitted a formal answer demanding dismissal without entirely stating the grounds for disputing the plaintiffs' claims, and they did not appear at the date of pleading. Thus, they are deemed to have led to the confession of all the plaintiffs' claims in accordance with Article 150(3) of the Civil Procedure Act.
According to the facts of the determination as to the claim against Defendant C, Defendant C, a joint and several surety of F’s debt repayment obligation, is liable to the Plaintiff A limited liability company for the principal amount of KRW 1,624,188,020 (= Principal amount of KRW 1,60,00,00,00 and KRW 9,227,221 substitute payment of KRW 14,960,79) and KRW 1,609,227,221 plus the principal and interest of KRW 1,609,223,173,544 (= Principal amount of KRW 3,200,000 and interest of KRW 7,53,764 substitute payment of KRW 15,639,780) and interest of KRW 3,207,5363,79,00,000 and interest of KRW 1,510,000,000 from the annual interest rate of KRW 2015,014.84.
The plaintiffs filed a claim with the statutory interest rate of 15% per annum for damages for delay after June 1, 2019. However, as the provisions on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings were amended on May 21, 2019, the legal interest rate of 12% per annum is applied to the portion arising after June 1, 2019, which was the enforcement date thereof. Thus, the plaintiffs' claim in excess of the legal interest rate is justified.