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1. Of the judgment of the court of first instance, the part against the defendant B in excess of the following amount ordered to be paid shall be cancelled.
Reasons
Basic Facts
The Plaintiff lent KRW 205,00,000 to Defendant C five times as indicated below, and D jointly and severally guaranteed the first loan obligation of this case and the third or fifth loan obligation of this case.
On August 7, 2012, 10,000 2,50,000 2,50,500,000 annual 30% (payment on January 7, 2012) on the first 5,000 2,750,000 2,750,000 2,750,250,250,000 30. 0. 30,000 annual 30,005 (payment on April 12, 201) on April 30, 2013 (payment on April 30, 200) and 0. 30,05 annual 0. 10,005 (payment on April 15, 200, 1000, 0000 50,000, 105. 30, 105, 2015. 30, 2005. 30. 3
[Ground of appeal] In the absence of dispute, Gap evidence Nos. 1 through 3, Gap evidence No. 6, Eul evidence No. 16, and Eul evidence No. 16 (including additional number), the summary of the plaintiff's assertion as to the purport of the whole argument of the parties, as stated in the above basic facts, the plaintiff lent 205,00,000 won in total to defendant C, and the defendant Eul guaranteed the third or fifth debt of this case.
However, from September 7, 2012 to April 16, 2014, the Plaintiff received total of KRW 109,650,000 from Defendant C. According to the order of statutory appropriation, when the Plaintiff appropriated the loans of this case to repay the loans of this case, KRW 49,373,898 as of April 16, 2014, and KRW 50,000,000, and KRW 20,000,00,000, and KRW 26,931,218, and KRW 5 loans of this case as of April 16, 2014.
Therefore, the Defendants jointly and severally pay to the Plaintiff the total amount of KRW 96,931,218 (=50,000,000 KRW 26,931,218) and damages for delay.