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1. The Defendant’s KRW 122,203,750 for the Plaintiff and the following: 5% per annum from April 6, 2018 to May 30, 2019.
Reasons
1. Determination on the request for loans, etc.
A. Comprehensively taking account of the respective descriptions and arguments in Gap evidence Nos. 1 through 3 and 21 (including paper numbers; hereinafter the same shall apply), the fact that the plaintiff loaned a total of KRW 42,001,050 to the defendant from April 11, 2013 to September 12, 2014 as shown in Table No. 1, and that the defendant lent a total of KRW 62,00,000 to C (hereinafter "C") operated by the plaintiff, as described in the following Table No. 2 from July 4, 2013 to August 13, 2013, and that the defendant provided a joint and several surety for each obligation to return the loan.
Details of loans made on April 11, 2013: 5,00,000 on August 14, 2013; 5,000,00 on October 30, 2013; 5,00,000,00 on January 24, 2014; 5,000,00 on January 24, 2014; 750, 16,000 on May 16, 2014; 1,000,00 on June 3, 2019; 16,00,000; 1,000,000 on September 12, 200, 200; 30,000, 420, 501, and 50; 18,000 won on loans made to Defendant;
B. According to the above facts, barring any special circumstance, the defendant is obligated to pay to the plaintiff 102,03,750 won and damages for delay which the plaintiff seeks within the scope of 104,001,050 won (i.e., loans 42,001,050 won as joint and several liability amount of KRW 62,00,000) in total.
2. Determination on the claim for transfer money
A. Comprehensively taking account of the respective descriptions and arguments in evidence Nos. 5, 6, and 22 of D-related claims, D entered into a domestic total sales contract with C on January 18, 2013 with respect to “E English learning machine” supplied by the said company, and paid KRW 60,000,000 in total as the contract deposit and the price for goods; the Defendant entered into a promissory note with D with the intent to jointly and severally guarantee the obligation to return KRW 60,000,000 as of January 30, 2013; the fact that D entered into a promissory note with the intent to jointly and severally guarantee the obligation to return KRW 60,00,000 as of January 30, 2013; the fact that D was released due to its failure to perform the said total sales contract; and that D transferred the obligation to jointly and severally guarantee the Defendant around September 20, 2017.