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1. Defendants are jointly and severally liable to the Plaintiff for KRW 41,250,000 and KRW 25,000,000 among them, Defendant Limited Liability Company B shall be liable to the Plaintiff.
Reasons
1. Judgment on the plaintiff's assertion
A. The Plaintiff’s assertion that the Plaintiff leased KRW 25,00,000 to the Defendant Limited Company B (hereinafter “Defendant Company”) at 5% per annum, and the Defendant C was a joint guarantor of the Defendant Company’s loan obligation on October 31, 2018, and the Defendants agreed to pay the Plaintiff the above amount from January 31, 2019 to January 31, 2019. As such, the Defendants are obliged to pay the Plaintiff damages for delay at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the day following the delivery of the original payment order to the day of full payment.
B. Determination 1) A) Around October 2017, the Plaintiff determined and lent KRW 10,000,000 to the Defendant Company, and KRW 25,000,000,000, in total, around December 2017, as interest rate of KRW 5%.
B) The Defendants did not pay interest from January 3, 2018. (C) On October 31, 2018, the Defendants agreed that Defendant C shall be the joint and several surety for the Defendant C’s obligation to pay the Plaintiff KRW 25,000,000 to the Plaintiff, and that the said obligation shall be repaid by January 31, 2019.
[Ground] The facts without dispute, Gap evidence 1-1-3, and the purport of the whole pleadings are examined as follows. According to the above facts, the defendants jointly and severally demand the plaintiff to pay 41,250,000 won with interest for the 13-month period from January 1, 2018 to January 31, 2019 (the principal for the 25,000,000 won for the 16,250,000 won with interest for the 13-month period (25,00,000 won x 0.05 x 13 months x 13 months) and the principal for the 25,00,000 won with interest for the 13-month period from January 1, 2018 to January 31, 2019, and the defendant C shall pay the plaintiff damages for delay at the rate of 16,25,000 won with interest for the 13-month period from February 27, 20199.