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1. The Defendants each of the KRW 55,426,100 against the Plaintiff and each of them, Defendant B shall be from March 8, 2016 to the Plaintiff, and Defendant C shall be from March 8, 2016 to the Plaintiff.
Reasons
1. Facts of recognition;
A. On October 22, 2011, the Plaintiff applied for a payment order under Seoul Eastern District Court Decision 2014j31103, which issued a payment order on June 11, 201 and the said payment order became final and conclusive around that time.
B. On October 6, 2015, with the title of execution of the above payment order, the Plaintiff: (a) under the Seoul Eastern District Court 2015TTT No. 2015TTT1314, the obligor D, C, the third obligor’s claim amounting to KRW 227,130,50; (b) Defendant B5,426,100 of the seized and collected claims (on the basis of the loan certificate issued on December 30, 2008 between D and Defendant B, the amount of the loan that the Defendant B failed to pay to D); (c) Defendant C5,426,100 won (the amount of the loan that the Defendant C and Defendant C did not pay to D; and (d) the collection order was issued on April 30, 2008; and (e) the seizure and collection order was served on Defendant C15, respectively; and (e) the seizure and collection order was served on Defendant C15, 2015.
C. On December 30, 2008, D was drafted with a loan certificate of 30 million won from Defendant B as of December 30, 2008, three copies of interest, and the due date of repayment as of December 30, 2009. On April 30, 2008, D was drafted with a cash payment certificate of 82.7 million won from Defendant C until August 30, 2010.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 4 (including branch numbers), and the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the above facts, barring any special circumstance, Defendant B, within the scope of the Plaintiff’s claim, within the scope of the Plaintiff’s claim based on the instant seizure and collection order, shall be KRW 103,025,753 [the principal = KRW 30,00,000,000 x 2,468 (from December 30, 2008 to October 12, 2015)/365 x 365 x 365 x 3 x 3%) to the Plaintiff, subject to the collection right according to the instant seizure and collection order, barring any special circumstance, KRW 55,426,100, the Defendant C’s claim against the Plaintiff out of KRW 82,70,00,00 for payment, and each of them shall be 55,426,100, respectively.