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1. The Plaintiff:
A. The Defendants: (a) KRW 29,00,000 and the Defendants’ amounted to KRW 12% per annum from June 18, 2008 to June 5, 2015; and (b).
Reasons
1. Basic facts
A. On June 17, 2006, the Defendants agreed to pay KRW 29,000,000 to the Plaintiff by the due date until June 17, 2008 and 1% per interest month. On the same day, Defendant C agreed to pay KRW 10,000,000 by the due date until August 31, 2006.
B. On March 18, 2009, Defendant B filed an application for bankruptcy and immunity with the Seoul Central District Court No. 2009Hadan7382, 2009da7382, Defendant B, who was declared bankrupt on June 29, 2009 by the above court, was granted immunity on September 3, 2009, and the above immunity exemption became final and conclusive on September 18, 2009.
C. On March 18, 2009, Defendant C applied for bankruptcy and immunity as Seoul Central District Court 2009Hadan7383 and 2009Ha7383, and was declared bankrupt on June 29, 2009 by the above court; Defendant C was granted immunity on November 29, 201; and the above immunity became final and conclusive on December 29, 2011.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendants are obligated to pay to the Plaintiff 29,000,000 won as above, and to pay 12% per annum from June 18, 2008 to June 5, 2015, which is the day following the due date for payment of the copy of the complaint in this case; 20% per annum from the following day to September 30, 2015; and 15% per annum from the next day to the day of full payment. Defendant C is obligated to pay damages for delay calculated at each of the above 10,000,000 won as well as 20% per annum from June 6, 2015 to September 30, 2015, which is the day following the day of service of the copy of the complaint in this case, to the day of full payment.
(1) On September 25, 2015, as the provision on statutory interest rate under the main sentence of Article 3(1) of the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings was amended, only damages for delay shall be recognized at the rate of 15% per annum from October 1, 2015. Meanwhile, the Plaintiff shall pay the said money to the Defendants.