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1. The Plaintiff:
(a) Defendant B: 5,000,000;
B. Defendant C is jointly and severally liable with Defendant B.
15,000 of the money stated in the subsection.
Reasons
1. Facts of recognition;
A. On February 27, 2012, the Plaintiff lent KRW 180,000,000 to Defendant B for the payment of capital gains tax (hereinafter “the instant loan”). Defendant C guaranteed the Defendant B’s obligation to borrow the instant loan.
B. On March 27, 2012, the Defendants prepared a letter stating that they would repay the instant loan to the Plaintiff by April 6, 2012, but failed to comply with the commitment.
Since then, the Defendants prepared to the Plaintiff a letter of payment stating that they would repay the instant loan to the Plaintiff by May 17, 2012, and July 6, 2012, but failed to comply with the commitment.
C. On April 13, 2012, the Plaintiff did not receive the timely refund of the borrowed amount from Defendant B, and Defendant B prepared a written settlement agreement on the agreed amount (hereinafter “instant settlement agreement”) stating that the Plaintiff would pay KRW 180,000,000,000 to the Plaintiff and the additional dues KRW 220,000,000 to the Plaintiff by April 20, 2012.
Meanwhile, Defendant B repaid to the Plaintiff KRW 165,000,000 out of the instant loan.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-7, the purport of the whole pleadings
2. The assertion and judgment
A. Comprehensively taking account of the facts acknowledged prior to the determination as to the cause of the claim, Defendant B is obligated to pay the Plaintiff the remainder of KRW 5,000,000 after deducting KRW 165,000,000 from the balance sheet of this case where the Plaintiff was paid at KRW 220,00,000,000, and damages for delay thereof, and Defendant C, a joint and several surety, jointly and severally with Defendant B, as the principal obligor, is jointly and severally liable to pay the remainder of the loan amount of KRW 15,00,000 (=180,000,000 - 165,00,000,000) and damages for delay.
B. The Defendants’ assertion regarding the instant loan is the actual obligor D, E, and F, and the Defendant.