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1. The Defendants are jointly and severally liable to the Plaintiff for 77,300,000 won and the interest rate of 15% per annum from August 30, 2017 to the date of full payment.
Reasons
1. Judgment on the plaintiff's claim
A. In fact, the Plaintiff, as of February 21, 2016, lent money to Defendant B on several occasions after lending KRW 50,000,000 to Defendant B around 2013, the amount of the loan from Defendant C as of February 18, 2016 is KRW 176,00,000 and the interest rate of KRW 10% per annum is paid.
‘A’ received the loan certificate.
The Plaintiff and the Defendants agreed to make oral arrangements that annual interest rate shall be 7%, notwithstanding the foregoing 10% statement.
2) On August 29, 2017 (after July 18, 2017, the date on which the duplicate of the complaint of this case was served) the Plaintiff left KRW 172,00,000 on the basis of the principal amount only. The Plaintiff received KRW 101,70,000 from the Defendants, thereby appropriating the remainder of KRW 94,70,000 (= KRW 101,700,000 per annum 7% per annum until then 101,70,000), and the amount of the loan between the Defendants was appropriated for principal amounting to KRW 77,30,00,000 as of August 30, 2017 (=10,700,000,000).
4) While the Plaintiff was in the process of the instant lawsuit, it was changed that the Plaintiff sought payment of the money as stated in the Disposition No. 1, rather than the money as stated in the Claim No. 1, but did not reduce the purport of the claim. [The fact that there is no dispute over the grounds for recognition, the fact that is obvious in the records, the entry of A evidence No. 1, and the purport of the entire pleadings.
B. In light of the facts acknowledged above, it is reasonable to view that Defendant C agreed to borrow money from the Plaintiff and jointly with Defendant C to repay the borrowed money to the Plaintiff. (2) Therefore, the Defendants jointly and severally agreed to the Plaintiff as to KRW 77,300,000 and the aforesaid amount after July 18, 2017, which is the delivery date of a copy of the instant complaint, and as seen earlier, under the Act on Special Cases Concerning the Promotion of Legal Proceedings, etc. from August 30, 2017, which is the day immediately following the date of satisfaction of payment to the day of repayment.