대여금
1. The Defendants shall jointly and severally serve as the Plaintiff KRW 160,966,340 and as a result, from June 21, 2010 to September 17, 2018.
1. Judgment on the ground of the Plaintiff’s claim
A. Facts 1) On December 16, 2009, Defendant B prepared a notarial deed stating that “I would not borrow KRW 345,000,000 from the Plaintiff, and will repay until June 20, 2010.” Defendant B would be a debtor. Defendant C would be a joint and several liability debtor, and Defendant C would like to borrow KRW 345,00,000 from the Plaintiff on December 17, 2009 as a non-joint and several liability debtor and pay the Plaintiff by June 20, 2010.”
3) On June 23, 2010, Defendant C prepared a written non-performance note to the Plaintiff stating that “The Plaintiff will repay the loan amount of KRW 345,000,000 as a joint and several surety, which was June 20, 2010.” (4) The Defendants stated that “the principal and interest on the debt based on the Notarial Deed continues to exist as is,” on June 28, 201, and on July 1, 2011, the Defendants stated that “the Plaintiff shall continue to exist as is,” and additionally stated that “the principal and interest on the debt based on the Notarial Deed shall continue to exist on December 17, 2009 against the Plaintiff.”
5) The Plaintiff received reimbursement of KRW 184,03,660 in the aggregate of KRW 108,941,230 and KRW 75,092,430 in November 21, 2012 from the Defendants on July 6, 2011. [The Plaintiff did not have any dispute over the grounds for recognition, the fact that the Plaintiff is a person, the entries in subparagraphs A and 4, and the purport of the entire pleadings.
B. In light of the facts established above, the Defendants are jointly and severally obligated to pay to the Plaintiff 160,966,340 won (=345,000,000-184,03,660 won) and 5% per annum under the Civil Act from June 21, 2010 to September 17, 2018, which is the date of the final delivery of the copy of the instant complaint, and 15% per annum under the former Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to May 31, 2019, and 12% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.
2. Determination as to the defendants' assertion and defense
A. The Defendants: (a) the amount borrowed from the Plaintiff was 345.