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1. Defendant C’s KRW 12,894,545 as well as 5% per annum from February 14, 2008 to October 13, 2015 as to the Plaintiff.
Reasons
1. Claim against Defendant C
A. As of August 10, 2004, Defendant C promised to pay the said money up to December 31, 2004, to the Plaintiff, as of August 10, 2004, when recognizing that the Plaintiff had not paid KRW 19,271,167 out of the Seoul milk amount operated by the Plaintiff, as of August 10, 2004.
3) Meanwhile, on January 20, 2004, Defendant C is entitled to the Plaintiff on January 20, 2004, 99 square meters prior to the Jeonnam-gun E (hereinafter “mortgaged real estate”).
(4) On December 14, 2006, the Plaintiff applied for a voluntary auction of mortgaged real estate and received dividends of KRW 6,376,622 on the same day and appropriated for the claim under the above paragraph (2). [The evidence Nos. 1 and 5-1 of the evidence Nos. 1 and 5-1 of the evidence No. 5 of the grounds for recognition, and the purport of the entire pleadings.]
B. Accordingly, Defendant C is obligated to pay to the Plaintiff 12,894,545 won (i.e., 19,271, 167 won-6,376,62 won) and to pay 5% interest per annum under the Civil Act from February 14, 2008 to October 13, 2015, which is the date of this decision, from February 14, 2008 to the date of full payment, and 20% interest per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
2. Claim against the defendant B
A. The Plaintiff’s assertion 1) Defendant B, along with Defendant C, embezzled KRW 19,271,167 out of the milk payment from 2003 to December 18, 2006 with Defendant C.
3) Meanwhile, on January 20, 2004, Defendant C created a collateral on the secured real estate to secure the obligation related to the performance of the business under the above 1).
4) On December 19, 2006, the Plaintiff applied for a voluntary auction on the mortgaged real estate, and received a dividend of KRW 6,376,622 on February 14, 2008, and appropriated it for the claim under Paragraph 2.
5) Therefore, the Plaintiff jointly and severally with Defendant C, as well as KRW 12,894,545 (=19,271,167-6,376,62 and delay damages.