A. On April 29, 201, the Plaintiff lent KRW 40,000,00 to the Defendants on a due date set on October 28, 2011. The Defendants agreed to pay KRW 60,000,000 (hereinafter “the instant loan”) out of the total amount of the loan principal and interest.

B. The Defendants agreed to provide a certificate of the right to be kept in a charnel of 30 days (three million won per quarter) located in the Chungcheongnam-gun’s voice for the repayment of the instant loan.

C. Meanwhile, the Plaintiff recognized that the Defendants received reimbursement of KRW 16,00,000 (=6,000,000) and KRW 5,000,000,000 on October 8, 2012, and KRW 16,00,000 on August 1, 2013 (=6,000,000 KRW 5,000,000,000).

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. Determination

A. According to the above facts, the Defendants, a co-debtor, jointly and severally, filed a claim for payment of KRW 44,00,000,000 which was unpaid out of the instant loan (=60,000,000-16,000,000) and the progress of the pleadings in the instant case, for which the Plaintiff sought payment of KRW 60,000,000,00 from June 4, 2018, which was sought by the Plaintiff after the maturity of the said claim, shall be considered.

Until November 13, 2018 (the date this judgment is rendered), 5% per annum (the provisions of the Civil Act) and 15% per annum (the provisions of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings) shall be paid from the following day to the day of full payment.

B. 1) The Defendants asserted that they paid KRW 24,00,000 to the Plaintiff the instant loan, but there is no evidence to acknowledge that the amount of the Plaintiff’s recognition exceeds KRW 16,00,000,00. The Defendants’ defenses are without merit. 2) The Defendants asserted that the amount of unpaid loan was paid in kind as a certificate of a charnel house.

However, as a matter of course, a transfer contract entered into to secure the obligation.