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1. Defendant B shall pay to the Plaintiff KRW 32,00,000 and the interest rate of KRW 10% per annum from December 13, 2017 to the date of full payment.
Reasons
1. Around May 2009, the Plaintiff lent D KRW 77,00,000 to D, and received reimbursement of KRW 15,00,000 among them; the Plaintiff, with respect to loans remaining on December 13, 2016, with respect to D, Defendant B and D, “D 32,00,000 won at interest rate of 10% per annum; due date of payment on December 12, 2017, and Defendant B borrowed from the Plaintiff and made joint and several sureties; the Defendants and Defendant C (hereinafter “Defendant”) who borrowed KRW 20,000,000 from Defendant B’s representative director and as Defendant B’s joint and several sureties, did not dispute between the parties concerned or prepared for each of the above loans (hereinafter “the instant loan certificate and the loan certificate”).
According to the above facts, it is reasonable to view that Defendant B, by preparing the certificate of loan of this case with the Plaintiff and the Plaintiff, took over the obligation of KRW 52,00,000 as stated in the certificate of loan of this case with respect to the obligation of KRW 52,00,000 among the obligation of loan of this case, and the Defendant Company provided joint and several surety as to KRW 20,000 among them.
Therefore, according to the loan certificate of this case, Defendant B is obligated to pay damages for delay calculated at the rate of 10% per annum, which is the agreement rate from December 13, 2017 to the date of full payment, as requested by the Plaintiff, as well as KRW 32,00,000 after the loan date. The Defendants jointly and severally asserted that the repayment period of KRW 20,000,000 and the Plaintiff’s repayment period of KRW 20,000 is around January 20, 2017, and the Defendants do not dispute this point.
Since then, the Plaintiff is obligated to pay damages for delay calculated at the rate of 15% per annum from June 29, 2018 to the day of full payment, which is the day following the delivery date of a copy of the complaint of this case, as requested by the Plaintiff.
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