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1. The Defendants jointly and severally against the Plaintiff KRW 39,362,40 and KRW 32,762,40 among them, Defendant C shall be jointly and severally liable to the Plaintiff on November 28, 2007.
Reasons
1. Facts of recognition;
A. Defendant C joined the Plaintiff’s share of KRW 30 million on December 2, 1997, 197, and thereafter, on December 27, 1997, borrowed KRW 30 million from the Plaintiff in advance, and paid KRW 6,60,000 as interest. Defendant C guaranteed the above debt by Defendant C.
B. On October 30, 2007, the Plaintiff filed a lawsuit against the Defendants under the Changwon District Court Branch Branch of 2007Kadan3082, and applied for a payment order on August 12, 2008, and the judgment was rendered that “The Defendants jointly and severally paid to the Plaintiff the amount of KRW 39,362,40 and KRW 32,762,40 among them, Defendant C shall pay the amount calculated at the rate of 20% per annum from November 28, 2007 to the day of full payment, and Defendant D shall pay the amount of money calculated at the rate of 20% per annum from December 6, 2007 to the day of full payment.”
[Based on recognition] As to Defendant C: Articles 208(3)2 and 150(3) (a) of the Civil Procedure Act; and Article 208(3)3 (a) of the Civil Procedure Act (a public notice by public notice) against Defendant D
2. According to the above facts of determination as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 39,362,40 and KRW 32,762,40 among them, Defendant C is liable to pay damages for delay calculated at the rate of 20% per annum under the provisions on special cases concerning the promotion, etc. of Legal Proceedings, etc. from December 6, 2007 to September 30, 2015, and the provisions on statutory interest rate of Article 3(1) of the former Act on Special Cases concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015) and the annual rate of KRW 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.
3. The plaintiff's claim against the defendants is justified within the scope of the above recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.