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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 300,000,00 and Defendant B from December 31, 2010 to April 9, 2020.
Reasons
1. Indication of claim;
A. On February 8, 2010, the Plaintiff leased KRW 300,000,00 to D Co., Ltd. (hereinafter “D”) as of December 30, 2010. Defendant B, a representative director of D, and Defendant C, a company director, jointly and severally guaranteed the obligation to return the above loan.
B. However, since the non-party company did not pay the above loans up to now, the defendants, a joint guarantor of the non-party company, are jointly and severally liable to pay to the plaintiff 30 million won and 5% per annum as stipulated in the Civil Act from December 30, 2010 to the delivery date of a copy of the complaint of this case, and 12% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
2. Applicable provisions;
(a) Defendant B: Article 208(3)3 of the Civil Procedure Act (a)
B. Defendant C: Articles 208(3)2 and 150(3) (a) of the Civil Procedure Act (a judgment by deeming the Plaintiff as a confession, and Defendant C’s written application on June 24, 2020) were submitted. However, the above written application did not contain a substantial content of disputing the Plaintiff’s claim, and the above Defendant did not appear on the date for pleading and did not make a statement to the effect that the Plaintiff’s claim is disputing the Plaintiff’s claim, and thus, all of the Plaintiff’s allegations were led to confession).
3. The part of the dismissal of the Plaintiff’s claim against the Defendants for damages for delay calculated from December 30, 2010, regarding KRW 300,000,000. However, even if the Plaintiff’s claim is asserted, the delay of the Plaintiff’s joint and several surety claim against the Defendants was caused from December 31, 201, the following day after the due date. Thus, the part of December 30, 2010, among the Plaintiff’s claim for damages for delay against the Defendants, is dismissed as it is without merit.
4. The proviso to Article 101 of the Civil Procedure Act shall apply to the cost of lawsuit.