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1. The Plaintiff:
A. As to Defendant B’s KRW 315,000,000 and as to this,
B. Defendant C and D are jointly and severally with Defendant B.
Reasons
1. Facts of recognition;
A. The Plaintiff respectively lent KRW 15,00,000 to Defendant B, KRW 200 million in 2012, and KRW 115,000 from 2013 to 2014.
(hereinafter referred to as the “instant loan”) b.
Defendant C and D agreed with the Plaintiff on August 13, 2014 that the said Defendants would jointly and severally pay KRW 115,000,000 out of the instant loan obligations (hereinafter “instant guarantee agreement”).
C. On June 2, 2015, Defendant B agreed to fully repay the instant loan obligations between the Plaintiff and the Plaintiff, at least KRW 15 million on June 30, 2015, and at least KRW 25 million on July 30, 2015, and on June 30, 2015.
[Ground of recognition] Unsatisfy, Gap evidence 1 to 5 (including satisfy number), the purport of the whole pleadings
2. Determination as to the claim against Defendant B and D
A. Defendant B borrowed KRW 315 million from the Plaintiff, and Defendant D agreed with the Plaintiff to jointly pay KRW 15 million out of the above money.
Therefore, Defendant B is jointly and severally liable to pay to the Plaintiff KRW 315 million, and Defendant D is jointly and severally liable to pay KRW 115 million out of the above money and delay damages.
(b) Defendant B: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act) by public notice (Article 208 (3) 2 of the Civil Procedure Act): Defendant D by deemed confession (Article 208 (3) 2 of the Civil Procedure Act);
3. Determination as to the claim against Defendant C
A. According to the above facts, since the period of repayment of the instant loan obligation arrives on June 30, 2015, Defendant C, according to the instant guarantee agreement, sought by the Plaintiff as to KRW 115 million out of the instant loan obligation to the Plaintiff, and as the Plaintiff seeks, 5% per annum as prescribed in the Civil Act from July 1, 2016 to August 31, 2018, the date of final delivery of a copy of the instant complaint, and 15% per annum as prescribed in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of full payment.