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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. The Defendants jointly and severally borrowed KRW 30 million from D on April 20, 2015 at the maturity of payment on June 20, 2015 and at the rate of 24% per annum. The Plaintiff jointly and severally guaranteed the Defendants’ obligations.
B. On October 23, 2015, Defendant Company borrowed KRW 80 million from D on December 30, 2015, at the maturity of payment on December 30, 2015, at the rate of 12% per annum, and at the rate of 24% per annum. The Plaintiff and Defendant C guaranteed the Defendant Company’s debt.
[Reasons for Recognition] Uncontentious Facts, Gap evidence 2-1, Gap evidence 3, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The gist of the parties’ assertion is that the Plaintiff seeks reimbursement of KRW 54,180,70,000 from April 20, 2015 to September 20, 2018 for the remainder after deducting KRW 1,20,000,000,000 from the monthly interest of KRW 41 to September 20, 2018, as well as KRW 80,000 from October 23, 2015 to September 23, 2018.
In this regard, the Defendants asserted that upon the Plaintiff’s request, the Plaintiff paid KRW 1 million per month and KRW 2.4 million per annum to the Plaintiff as interest and commission for the said loan, and that the Plaintiff deducted his share and paid KRW 600,000 and KRW 1.6 million per annum to D as interest on the said loan, and that the Plaintiff did not have paid the interest on its own money to D.
B. On the other hand, the Plaintiff did not assert or prove any assertion regarding the details of the interest that it has paid to D, despite its dispute by the Defendants.
However, comprehensively considering the overall purport of the pleadings in the statements Nos. 1, 2, and 8 (including the number of pages) and the overall purport of the pleadings, the Defendants relatively periodically withdrawn in cash the amount of KRW 3.4 million per month (i.e., KRW 1 million (i., KRW 2.4 million). ② The Plaintiff sent text messages to the Defendants that “the amount of money to be paid to the Defendants,” and ③.