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1. The Defendants jointly and severally pay to the Plaintiff KRW 180,014,273 as well as KRW 60,187,802 from October 1, 2002.
Reasons
1. As to the cause of the claim, the Plaintiff loaned KRW 200,00,00 to Defendant B on April 19, 1996 at the maturity of April 18, 1999, interest rate of KRW 14% per annum, and delay damages rate of KRW 20% per annum. The Defendant C provided joint and several surety (including the maximum amount of KRW 280,000,000) with the above loans owed by Defendant B around that time. The total amount of the above loan obligations (including delayed interest damages) as of September 30, 209 is KRW 180,014,273, and the principal amount is 60,187,802, and the principal amount is paid at the rate of KRW 180,00,00,00 per annum, or at the rate of KRW 180,014,000 per annum, 200,000 per annum from the total amount of the above loans owed to the Plaintiff, the Defendants are jointly and severally liable.
2. Judgment on the defense
A. Defendant C has a defense to the effect that Defendant C, the primary debtor, repaid the full amount of the above obligation, but there is no evidence to acknowledge it, and Defendant C’s defense is not acceptable.
B. Defendant C’s defense of the extinction of prescription has expired after the lapse of five (5) years under the Commercial Act or ten (10) years under the Civil Act. However, if Defendant C’s defense of the extinction of prescription reveals the overall purport of the pleadings as to the evidence Nos. 8-1 and 2, the Plaintiff filed a lawsuit against the Defendants (Seoul Central District Court Decision 2009Ra102818) on March 20, 2009 and filed a lawsuit claiming the payment of the above loan claim against the Defendants (Seoul Central District Court Decision 2009Ra102818) on April 16, 2010, “The Defendants jointly and severally pay to the Plaintiff 180,014,273 won and 60,187,802 won with interest of 20% per annum from October 1, 2002 to the day of full payment,” and the said judgment became final and conclusive around that time (as to Defendant B, June 11, 2010).