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The defendant shall pay to the plaintiff A KRW 272,20,000, and KRW 200,000 for each of them from March 29, 2019.
Reasons
Facts of recognition
A. Plaintiff A lent money to each Defendant over several occasions from around December 2017 to September 2018, and Plaintiff B from around April 2015 to September 2018.
B. On September 14, 2018, the Defendant prepared a loan certificate with respect to the repayment plan for the debt of the loan to the Plaintiffs as follows.
(5) To pay 79,00,000 won by September 20, 2018, the amount to be paid in full to Eul (Plaintiff A) is paid in preference to the payment under (a) a repayment plan for Eul.
(b)the remainder 193,200,000 won in order from November 20, 2018 to January 20, 2019;
(c)the existing loans expected to be damaged by the delinquency of loans shall be compensated when injury occurs;
2. Full repayment of 200,000,000 won in the repayment plan for Byung [Plaintiff B] shall be made in the order of consultation from January 10, 2019 to December 10, 2019.
[Ground for recognition: Unsatisfy, Gap evidence 2 through 4 (including paper numbers; hereinafter the same shall apply)
(2) Each entry and the purport of the whole pleading
2. Determination
A. (1) According to the determination as to the cause of the claim (1) based on the facts found by Plaintiff A, the Defendant is obligated to pay the Defendant’s debt amounting to KRW 272,200,00 with the Plaintiff as of September 14, 2018, and KRW 79,00,000 among them, until September 20, 2018, and the remainder of KRW 193,200,000 to be paid in consecutive order from November 20, 2018 to January 20, 2019. As such, the Defendant is obligated to pay the Plaintiff’s debt amounting to KRW 272,20,000 with the return of the loan and delay damages.
(2) Plaintiff B asserted that Plaintiff B lent approximately KRW 370,000,000 in total to the Defendant from April 2015 to September 2018, and sought payment of KRW 200,00,000 among them.
According to the above facts of recognition, Plaintiff B lent at least 200,000,000 won to the Defendant. Accordingly, the Defendant agreed to pay the Plaintiff B in sequence from January 10, 2019 to December 10, 2019.