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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 63.7 million, and 5% per annum from August 1, 2019 to January 18, 2020.
Reasons
According to the facts without dispute, Gap evidence 12 (including a provisional number) and the overall purport of the pleadings, ① Defendant BC agreed on December 10, 2016 to pay the Plaintiff KRW 160 million (interest separate) with Defendant D’s joint guarantee as follows: ② The agreed repayment amount shall be KRW 500,000,000 until December 31, 2016; ② the agreed repayment amount shall be KRW 30,000,000 until January 31, 2017; KRW 30,000,000 until January 31, 2017; and KRW 2.5 million from January 1, 2017 to December 31, 2019; KRW 90,000,000,000,000 per month until December 31, 2012; ② the agreed repayment amount shall be KRW 30,000,000,000 among the Defendants’ 3.71.
Therefore, the Defendants are jointly and severally obligated to pay to the Plaintiff the unpaid amount of KRW 63.7 million from August 1, 2019 to January 18, 2020, which is the day following the final due date for payment, to the day of service of the copy of the instant complaint, 5% per annum prescribed by the Civil Act, and the next day from January 19, 2020 to the day of full payment, to the day of full payment, 12% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.