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1. The plaintiff's appeal against the defendants is dismissed in entirety.
2. The costs of appeal shall be borne by the Plaintiff.
purport, purport, and.
Reasons
Basic Facts
Defendant B (hereinafter “Defendant B”) is a company that runs clothes, shoes, and miscellaneous wholesale and retail business, and Defendant C is the representative of Defendant B.
Defendant D Co., Ltd. (hereinafter “Defendant D”) is a company engaging in character online business.
On August 9, 2013, the Plaintiff lent KRW 100,000,00 to Defendant B for interest rate of KRW 9% per annum. The Plaintiff agreed to pay the principal of KRW 30,000,000 on November 29, 2013, the remainder principal of KRW 70,000,000 and interest rate of KRW 70,000 until December 31, 2013. On the same day, the Plaintiff paid KRW 100,00,000 to Defendant B (hereinafter “instant loan obligations”).
Defendant C, D, and E jointly and severally guaranteed the loan obligations of this case.
[Grounds for recognition] In the absence of dispute, Gap evidence Nos. 1, 3, 6, Eul evidence Nos. 1, and Eul evidence Nos. 2, 504, 700 won on Jan. 10, 2015, the plaintiff asserted that the defendants are liable to pay the above repayment amount of KRW 4,654,650 on Jan. 25, 2015, and KRW 4,854,300 on Jan. 25, 2015, and KRW 3,902,250 on Jan. 30, 2015, the defendants asserted that the defendants are liable to pay interest, the principal amount of the loan that remains after appropriation for payment in the order of principal, and damages for delay.
The Defendants asserted that, on September 4, 2014, Defendant B agreed to provide 6,223 turn 1 to the Plaintiff as a substitute payment for the remaining principal of the loan, and delivered the said new letter to the Plaintiff. As such, all of the instant loan obligations were extinguished, and as long as Defendant B’s principal obligation was extinguished due to payment in kind, Defendant C and D’s joint and several surety obligation as joint and several surety obligation was extinguished.
Judgment
payment in kind means a contract between the person performing the obligation and the creditor to extinguish the claim by making another payment in lieu of the original payment to be borne by the debtor, and has the same effect as the repayment.
(Article 466 of the Civil Act). However, the debtor agrees to transfer the property owned by the debtor to the creditor in relation to the obligation.