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1. The Defendants shall jointly and severally serve as KRW 557,00,000 on the Plaintiff and as a result, from February 1, 2018 to December 12, 2018.
Reasons
1. The Plaintiff agreed to provide the Defendants with a total of KRW 57,00,000 from around 2015 to January 5, 2018, and the Plaintiff and the Defendants, around January 22, 2018, agreed to the effect that “the Defendant jointly and severally pays KRW 557,00,000 to the Plaintiff by January 31, 2018.”
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 57,000,000 and damages for delay.
2. Articles 208 (3) 1 and 257 of the Civil Procedure Act of the applicable provisions of Acts;
3. The portion of the Plaintiff’s partial dismissal is that the Plaintiff sought payment of 557,00,000 won per annum from January 6, 2018 to January 31, 2018, and 15% per annum from the next day to the date of full payment. In full view of the purport of the entire pleadings, the Plaintiff loaned 57,000 won to the Defendants several times from January 5, 2018 to January 5, 2018, and the Plaintiff and the Defendants agreed that “The Defendant jointly and severally repaid 557,000,000 won to the Plaintiff on January 22, 2018,” and according to the above recognition, it is reasonable to deem that the Plaintiff extended 57,000 won to the Plaintiff on May 37, 2008.
However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendants agreed to pay the Plaintiff interest or delay damages prior to January 31, 2018 on the above 557,000,000 won, and there is no other evidence to acknowledge otherwise. The interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings applies from the date following the date when the complaint was served on the obligor. Thus, since the interest rate under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings applies from February 1, 2018 to December 12, 2018, the copy of the complaint of this case from February 1, 2018 to the date when the copy of the complaint of this case was served on all the Defendants, and 15% per annum