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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 150,000,000 and the interest rate thereon from July 20, 2009 to the day of full payment.
Reasons
1. The facts under the foundation of facts do not conflict between the parties, or are acknowledged by considering the overall purport of the pleadings as a whole in Gap evidence 1-1, 2, 2-2, 2-3, 3-4, 5-1, and 6-1.
A. On May 13, 2002, the Plaintiff leased KRW 30 million to Defendant B at the maturity of 10% on December 31, 2002 and at the interest rate of 10%, and Defendant C guaranteed.
In addition, on June 29, 2002, the Plaintiff leased KRW 120 million to Defendant B at the maturity of 31 December 2002 and at the rate of 10% per annum, and Defendant C guaranteed joint and several liability.
B. On December 13, 2004, the Plaintiff filed an application with the Defendants for payment order with the Changwon District Court Decision 2004Ra4107, Jingu District Court, Jingu District Court. On December 16, 2004, the above court ordered the Defendants to pay the amount of KRW 150 million to the Plaintiff jointly and severally, and KRW 30 million to the Plaintiff from May 13, 2002, KRW 120 million from June 29, 2002 to the delivery date of each original of each payment order, and KRW 20 million from the next day to the date of full payment. The above original payment order was served on the Defendants on December 20, 204, and became final and conclusive around that time.
2. Determination
A. According to the above recognition facts, the claim of this case filed for the interruption of the extinctive prescription, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the interest and delay damages calculated at the rate of 10% per annum from May 13, 2002 to June 20, 2002 to December 20, 2004, from June 29, 2002 to December 20, 2004, and from the next day to the date of full payment.
B. The fact that Defendant B paid KRW 17 million to the Plaintiff on April 21, 2009, KRW 80 million on May 21, 2009, KRW 60 million on August 7, 2009, KRW 168 million on June 15, 201, and KRW 168 million on June 15, 201 does not conflict between the parties.
In addition, No. 5, A.