Text
1. Defendants are jointly and severally liable to the Plaintiff for KRW 39,650,000 and KRW 35,000,000 among them, from August 10, 2017 to September 5, 2017.
Reasons
On September 19, 2012, the Plaintiff leased KRW 35 million to Defendant B by setting the interest rate of KRW 2% per month (the rate was changed to KRW 1% per month) and until December 31, 2012. Defendant C guaranteed the Defendant’s obligation. However, the Defendants are in arrears with the payment of KRW 35 million of the leased principal as of August 9, 2017 and interest KRW 4.65 million. The Plaintiff and Defendant B may be acknowledged in full view of the respective entries and arguments in Articles 1 and 2, and the overall purport of the pleadings and arguments among the Plaintiff and Defendant B. The Plaintiff and Defendant C do not clearly dispute the above Defendant’s lawful summons without attending the date of pleading and failing to submit written answers and other written statements, and thus, it is deemed that they were led to confession pursuant to Article 150(3) and (1) of the Civil Procedure Act.
Thus, the defendants are jointly and severally liable to pay to the plaintiff 39,650,000 won and 35,000,000 won among them, with 12% per annum under the agreement from August 10, 2017 to September 5, 2017, which is the delivery date of a copy of the complaint in this case, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment. Thus, the plaintiff's claim is justified.