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1. The Defendants jointly share KRW 180,000,000 with respect to the Plaintiff and Defendant B from December 1, 2013 to September 19, 2018.
Reasons
1. Determination as to the claim against Defendant C and D
(a)as shown in the reasons for the attachment of the claim;
(b) Defendant C corporation of applicable provisions of Acts: Article 208(3)3 of the Civil Procedure Act (decision by public notice): Articles 208(3)2 and 150(3) (decision by public notice) of the Civil Procedure Act;
C. The Plaintiff, even after June 1, 2019, claimed damages for delay calculated at the rate of 15% per annum. 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 by Presidential Decree No. 29768 on May 21, 2019, Article 2(2) of the Addenda of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, where the pleadings have been closed after June 1, 2019, the former provisions apply 15% per annum until May 31, 2019 and 12% per annum as amended from June 1, 2019, respectively. Therefore, the Plaintiff’s claim for damages for delay is without merit.
2. Determination as to the claim against the defendant B
A. Comprehensively taking account of the purport of the entire argument in Gap evidence No. 4 as to the cause of the claim, Defendant B is obligated to pay to the Plaintiff the amount of KRW 180 million by November 30, 2013. The defendant B is obligated to pay to the Plaintiff the amount of KRW 180 million by agreement and the damages for delay calculated at each rate of 12% per annum from December 1, 2013 to September 19, 2018, the day following the due date for payment of the complaint of this case, from December 1, 2013 to September 19, 2018, the delivery date of a duplicate of the complaint of this case, 5% per annum from the following day to May 31, 2019; and 15% per annum from the next day to the date of full payment.
The Plaintiff claimed damages for delay calculated at the rate of 15% per annum 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 the Promotion, etc. of Legal Proceedings were amended by Presidential Decree No. 29768 on May 21, 2019, pursuant to Article 2(2) of the Addenda, when the pleading has been closed after June 1, 2019, 15% per annum under the previous provisions until May 31, 2019.