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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 100,000,00 and Defendant B with respect thereto from April 18, 2009 to April 2, 2019.
Reasons
1. Facts of recognition;
A. On October 20, 2008, the Plaintiff loaned KRW 100 million to Defendant B on November 20, 2008, with the due date set on November 20, 2008, and Defendant C guaranteed Defendant B’s obligation to the Plaintiff.
B. On March 27, 2009, the Plaintiff filed an application for a payment order against the Defendants for the payment of loans with the Daejeon District Court Branch Branch Branch 2009j1326, and received the payment order (hereinafter “instant payment order”) from the Daejeon District Court Branch Branch “The Defendant jointly and severally paid to the Plaintiff 10 million won and the amount calculated at the rate of 20% per annum from the next day of the delivery of the original copy of the instant payment order to the day of full payment.”
C. Defendant B received each of the instant payment orders on April 17, 2009, and Defendant C received each of the instant payment orders on May 11, 2009 and did not raise an objection, and thus, each of the instant payment orders on May 2, 2009 against Defendant B, and each of the instant payment orders against Defendant C became final and conclusive on May 26, 2009.
【Ground of recognition】 Entry of No. 1 and purport of the whole pleadings
2. The Plaintiff filed the instant lawsuit on January 14, 2019, before ten years elapse from the date the instant payment order became final and conclusive, for the purpose of the extension of the extinctive prescription of a claim based on the instant payment order, and the Defendants jointly and severally are liable to pay to the Plaintiff KRW 100 million and its delay damages calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, as the interest rates within the scope established within the scope of the instant payment order from the next day to the date of the delivery of the copy of the instant complaint, from April 18, 2009 to April 2, 2019; Defendant C from May 12, 2009 to the date of delivery of the copy of the instant complaint, from January 28, 2019, respectively.
3. Therefore, the plaintiff's claim against the defendants is justified and it is so decided as per Disposition by the assent of all.