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Defendant B shall pay to the Plaintiff the amount of KRW 138,303,355 and KRW 49,032,876 from September 18, 2020 to the day of full payment.
Reasons
1. Determination as to the claim against the defendant B
A. On June 11, 2012, the Plaintiff transferred KRW 100 million to an account under the name of the F Association upon Defendant B’s request. On the same day, Defendant B’s written confirmation of the details of transactions (Evidence A No. 4-1, hereinafter “instant written confirmation of the details of transactions”).
(2) On June 12, 2012, the following day, Defendant B, on June 12, 2012, stated that “The above KRW 100 million was the amount borrowed by B from the Plaintiff.” The Defendant B, on June 12, 2012, signed on the bottom, stating that “B borrowed from the Plaintiff.”
7. A loan between December (one month) and a monthly interest shall be paid at 2% per month;
b. The loan certificate No. 5 of June 12, 2012, stating that the debtor G, the guarantor H (hereinafter “H”), and the guarantor Defendant B, are “the loan certificate of this case”
(3) A. A. The Plaintiff granted the Plaintiff [based on recognition], the absence of dispute, and the evidence Nos. 4 and 5 (if any, including each number, hereinafter the same shall apply).
each entry, the purport of the whole pleading
B. The Plaintiff’s assertion 1) on June 11, 2012, the Plaintiff loaned KRW 100 million to Defendant B with the due date set at KRW 2% of the interest rate on July 12, 2012. After that, the obligor of the loan was drafted with G, but the substantial principal obligor of the loan is Defendant B. Even if Defendant B is not the principal obligor of the loan, Defendant B guaranteed the obligation of KRW 100 million to G on June 12, 2012. Accordingly, Defendant B guaranteed the obligation of KRW 100,000 to the Plaintiff on June 12, 2012, and the agreement or delay damages incurred after the date of the loan, which the Plaintiff guaranteed the obligation of KRW 18,000,000 from June 12, 2012 to June 13, 2013, the Plaintiff was merely liable to pay the remainder to the Plaintiff, not the said Defendant B’s debt.
The Plaintiff.