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1. The Defendants are jointly and severally liable to the Plaintiff for 600,000,000 won and the Defendants B from March 31, 2017 to March 8, 2019.
Reasons
1. Facts of recognition;
A. On March 31, 2017, Non-Party D Co., Ltd. lent KRW 600,000,000 to Defendant B without having set interest and due date (hereinafter “instant loan”). The Defendant C Co., Ltd (hereinafter “Defendant Company”) jointly and severally guaranteed the Defendant B’s above loan obligation.
B. On December 10, 2018, D Co., Ltd. transferred the instant loan claims to the Plaintiff. On December 20, 2018, on December 20, 2018, Defendant B sent the content-certified mail stating the purport of the said transfer of claims to Defendant B, and reached the Defendant on December 21, 2018.
[Reasons for Recognition] Defendant B: Each entry in Gap evidence Nos. 4 through 9, the purport of the whole pleadings, and the purport of the whole pleadings: Confession (Article 150(3) and (1) of the Civil Procedure Act)
2. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to the Plaintiff. From March 31, 2017, which is the date of the instant loan pursuant to Article 55(1) of the Commercial Act, to Defendant B, the date of delivery of a copy of the instant complaint against the said Defendant, until March 8, 2019, which is the date of delivery of a copy of the instant complaint to the said Defendant; to Defendant Company, 6% per annum under each Commercial Act until March 20, 2019, which is the date of delivery of a copy of the instant complaint to the said Defendant; from the following day to May 31, 2019, the Defendants are jointly and severally liable to pay the Plaintiff the annual interest rate of Article 3(1) main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings, to the date of delivery of the copy of the instant complaint to the said Defendant; and to the statutory interest rate of Article 25(1)5(2)1)2).
(In accordance with the above provisions, the part of the Plaintiff’s claim for damages for delay from June 1, 2019, which exceeds the rate of 12% per annum against the Defendants, shall not be accepted).3.