대여금
1. Of the judgment of the court of first instance, the Defendants were jointly and severally liable to the Plaintiff for KRW 447,700,000 and the aforementioned amount from January 1, 2008.
1. Basic facts
A. According to the Plaintiff’s statement No. 7-1, 200 million won, around January 18, 2006, and around May 30, 2006, the Plaintiff sent KRW 100 million to Defendant B by indicating that the Plaintiff was transferred on May 30, 2006 as the “head of B office”. The Plaintiff appears to include KRW 450 million, which was the time when Defendant B received by September 6, 2007, as indicated below, in view of the fact that the remitter was also indicated as the “head of B office” and the fact that Defendant B received KRW 48 million as of January 10, 207, which was recognized by Defendant B as being paid by the Plaintiff. In view of the fact that it appears to include the above KRW 100 million,00,000,000,000,000 from September 6, 2007.
On January 10, 2007, the Plaintiff submitted the instant complaint to the effect that the agreed amount of KRW 450 million as stated in each joint and several liability letter on September 6, 2007, which is seen below, includes KRW 50 million as loans of KRW 50 million as of October 11, 2005. However, upon submitting the preparatory document on January 24, 2018, if the Plaintiff asserted the above assertion on October 11, 2005, the loans of KRW 450,000 as of October 11, 2005 were returned from Defendant B, it was erroneous that the above assertion was withdrawn based on the above mistake and the above agreed amount of KRW 450,000,000 was deducted from the above agreed amount of KRW 450,000,000,000,000,000 paid to Defendant B after deducting the loans of KRW 2 million.
On March 30, 2007, 50 million won was paid.
B. Defendant B’s written statement of joint and several liability on September 6, 2007, stating that the full repayment of KRW 450 million received from the Plaintiff until the end of December 2007, or the repayment of KRW 112.5 million, which is 25% thereof, shall be made. However, if the repayment of KRW 112.5 million is made by June 2008, the remainder of KRW 337.5 million shall be repaid by June 6, 2007 (the evidence No. 4; hereinafter “each letter of this case”). In the debtor’s column, the name “B” or “E” as stated in the evidence No. 2 through 4 of this case is all the Defendant.