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1. Defendant B’s KRW 33,00,000 as well as 5% per annum from June 13, 2017 to August 11, 2017 to the Plaintiff.
Reasons
1. The plaintiff's ground for claim
A. On November 8, 2010, the Plaintiff concluded a real estate sales contract (hereinafter “instant sales contract”) with the Defendants and D to sell KRW 2,400,000,000 of the purchase price of KRW 9,908 square meters in Hungary-si, Chuncheon-si (hereinafter “instant sales contract”).
B. The Defendants paid the remainder of KRW 50,000,000 to January 25, 201, and the remainder of KRW 50,000,000 to the Plaintiff by February 28, 2011. Accordingly, on December 29, 2010, the Defendants prepared a loan certificate with Defendant B as the borrower and Defendant C as the guarantor (hereinafter “the instant loan certificate”) and delivered to the Plaintiff.
C. However, Defendant B, the primary debtor, paid KRW 2,00,000 on March 10, 201, KRW 2,000,000 on April 8, 2011, KRW 50,000 on May 17, 2011, and KRW 13,00,000 on June 12, 201, respectively, and did not pay KRW 33,00,000 on June 12, 201.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 33,00,000 as well as damages for delay at each rate of KRW 15% per annum from June 13, 2017, which is the day following the last payment date, to the day when a copy of the application for modification of the claim and the cause of the claim, as of August 1, 2017, and from the next day to the day of full payment.
2. The judgment on the plaintiff's claim against the defendant B does not clearly dispute the plaintiff's assertion because the defendant B does not appear at the date of pleading and does not submit written answers and other preparatory documents even after being served with lawful service not by public notice. Thus, it is deemed that he led to confession under Article 150 (3) main sentence and (1) of the Civil Procedure Act.
Therefore, as requested by the Plaintiff, Defendant B’s remainder of the above loan amounting to KRW 33,00,000 and the Plaintiff’s service date of a copy of the claim purport and the application form for modification of the cause of the claim from June 13, 2017 to August 11, 2017, which is the date of the last payment, from June 13, 2017 to August 11, 2017, is 5% per annum as stipulated under the Civil Act and 15% per annum as stipulated under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the