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1. Defendant B and C shall jointly and severally pay to the Plaintiff KRW 150,000,000 as well as the full payment from April 6, 2016.
Reasons
1. Claim against Defendant B and C
A. Defendant B Co., Ltd. (hereinafter “Defendant B”), and C, as co-user, borrowed KRW 300 million from F on Nov. 16, 2004, set the interest rate of KRW 30 million per annum and the due date on Jun. 30, 2005, respectively. The Plaintiff, in subrogation of Defendant B and C, who are co-user, paid KRW 30 million to F during the period from April 21, 2005 to April 20, 2007, KRW 433,3350,000,000,000,000,000 won and interest thereon, are jointly and severally paid to the Plaintiff at the rate of KRW 43,3350,000,000,000 per annum from Nov. 16, 2004 to the date of full payment.
(b) Article 208 (3) 2 of the Civil Litigation Act (a judgment made by the owner of a private loan) of the applicable provisions of Acts;
C. The Plaintiff seeking payment of damages for delay calculated at a rate of 30% per annum from November 16, 2004 to the date of full payment. However, according to Article 444(1) of the Civil Act, when a person who becomes surety without the request of the principal obligor, has extinguished the principal obligation at his own expense, the principal obligor shall compensate for the damages to the extent he has received at that time, and it is reasonable to deem that such obligation for reimbursement of the principal obligor arises from the date of receipt of the request for performance due to an obligation without any fixed deadline for performance. Thus, the Plaintiff’s damages for delay exceeds the rate of 15% per annum from November 16, 2014 to the date of the delivery of the copy of the complaint in this case, and from the day of the delivery of the copy of the complaint in this case to the date of full payment.
2. The plaintiff filed a claim against the defendant D, the defendant D borrowed KRW 300 million from F on November 16, 2004 as a joint borrower with the defendant B and C, and the interest rate of KRW 30 million per annum and the due date of payment on June 2005.