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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 100,000,00 and the Defendants B from June 16, 2019 to September 16, 2019.
Reasons
On April 8, 2019, the fact that the Plaintiff set KRW 100 million to Defendant B on June 15, 2019 and lent it to Defendant B is no dispute between the parties.
Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 2, Defendant C and D may recognize the fact that they jointly and severally guaranteed Defendant B’s above loan obligations to the Plaintiff on May 30, 2019.
According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 100,000,000 and the amount of delay damages calculated at the respective rates of 12% per annum under each Civil Act from June 16, 2019 to September 16, 2019; Defendant C and D from November 20, 2019 to November 20, 2019; and the amount of delay damages calculated at the respective rates of 12% per annum under each Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
(4) The Plaintiff’s claim against the Defendants is justified within the scope of recognition, and the remainder of the claim against the Defendants is dismissed. It is so decided as per Disposition by the assent of all participating Justices on the bench. It is so decided as per Disposition by the assent of all participating Justices on the bench, except for a case where there is no assertion as to the interest agreement.