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1. The Plaintiff:
A. As from June 1, 2016, Defendant C’s KRW 50,000 and its related thereto:
B. Defendant D shall be KRW 8,800,000; and
Reasons
1. Comprehensively taking account of the overall purport of the pleadings as to Gap evidence Nos. 2 and Eul evidence Nos. 3, Defendant C prepared and issued to the Plaintiff on December 10, 2010 a loan certificate stating that "50,000,000 won is fixed. By April 30, 2011 on the due date for repayment," and Defendant D promised to pay the Plaintiff KRW 8,800,000 to the Plaintiff by September 17, 2010, respectively.
2. According to the above facts of recognition, barring any special circumstance, Defendant C is obligated to pay to the Plaintiff KRW 50,000,000 and its amount from June 1, 2016 to full payment, Defendant D is obligated to pay to the Plaintiff damages for delay at the rate of KRW 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 2, 2016 to full payment.
On December 10, 2010, the Plaintiff lent KRW 50,000,00 to Defendant B, and Defendant C prepared a loan certificate in the sense of joint and several sureties, and Defendant B also asserts that Defendant C and the Plaintiff should jointly pay KRW 50,00,000 to the Plaintiff.
According to Gap evidence Nos. 11-7 through 9, it is recognized that defendant B remitted to the plaintiff the sum of KRW 1,000,000 on September 26, 2013 and KRW 500,000 on November 20, 2014 and February 11, 2015, each of the above facts are insufficient to recognize that the plaintiff lent KRW 50,000,000 to the defendant B. However, there is no other evidence to acknowledge this otherwise, and the plaintiff's claim against the defendant B is without merit.
3. As to Defendant C’s assertion, the Plaintiff was a lessor of the Eart shop operated by Defendant C, and the Plaintiff proposed that he will take over the Eart shop on the condition that he succeeds to the bank loans of the Eart shop and additionally pays KRW 50,000,000. In order to comply with the proposal, the Plaintiff prepared a loan certificate of KRW 50,000,000 as of December 10, 2010, but the Eart shop was awarded.