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1. The Defendants jointly and severally pay to the Plaintiff KRW 111,746,97 and KRW 28,620,533 among them, from November 25, 2015.
Reasons
1. Basic facts
A. On July 19, 2004, under Defendant B’s joint and several sureties, the Plaintiff extended a loan to Defendant A with a loan of KRW 29 million in terms of a loan period of KRW 60,000 per annum, interest rate of KRW 9.5% per annum, and repayment of principal and interest in repayment method in equal installments.
B. The plaintiff filed a lawsuit against the defendants for the payment of the above loan claim, and as the Daegu District Court Decision 2006Kadan137638 decided on January 31, 2007, "the defendant jointly and severally pays to the plaintiff 41,638,985 won and 28,620,533 won with 26% interest per annum from October 19, 2006 to the day of full payment" was affirmed in favor of the defendants.
C. The principal of the loan remaining as of November 24, 2015 is KRW 28,620,533, and interest for arrears and arrears are KRW 83,126,44,00 in total.
The Plaintiff filed the instant lawsuit for the extension of the statute of limitations for the claim for the foregoing judgment amount.
[Reasons for Recognition] Facts, Gap evidence Nos. 1 (a loan application and the dispute over the stamp image part of defendant A is presumed to be the authenticity of the entire document as a whole due to the lack of dispute over the loan application form and the stamp image part of defendant A. The defendant A claims that the non-party A affixed his seal without permission, but there is no evidence to acknowledge it) to 10
2. According to the above facts of determination, Defendant A is a principal debtor, and Defendant B is jointly and severally liable to pay to the Plaintiff a total of KRW 111,746,97 (i.e., principal amount of KRW 28,620,533) and damages for delay calculated at the rate of 25% per annum from November 25, 2015 to the date of full payment, as claimed by the Plaintiff, with respect to KRW 83,126,444, including principal and interest of KRW 28,620,533 among them.
3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.