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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 80,000,000 and the interest rate from March 24, 2006 to the day of full payment.
Reasons
1. Comprehensively taking account of the purport of the entire argument in the evidence No. 1 of the judgment as to the cause of the claim No. 1, the Plaintiff: (a) on May 23, 2004, lent KRW 80,000,00 to Defendant B by setting the maturity of KRW 30% per annum on March 23, 2006, and interest rate of KRW 60% per annum; and (b) on August 2, 2004, between the Defendants, the Defendant B and the Defendants approved the fact that the Plaintiff bears the above obligation; and (c) written a deed of debt repayment contract with the purport that Defendant C and D stand the above obligation as a joint and several surety for the Plaintiff.
According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 80,000,000 won and damages for delay calculated at the rate of 18% per annum as claimed by the plaintiff within the scope of the agreed damages for delay from March 24, 2006 to the date of full payment after the due date.
2. Determination as to Defendant C’s assertion
A. 1) Defendant B, who had been managing Defendant C at the main point, forced Defendant C to borrow money from the Plaintiff and become a joint and several surety, and Defendant C was forced to become a joint and several surety. The joint and several surety agreement between the Plaintiff and the Defendant C was made with the Plaintiff on the ground that Defendant B’s strong pressure was not set up at the location where the age was lower and necessary for living, and that it was inevitable for Defendant C to enter into a joint and several surety agreement with the Plaintiff. Therefore, since the joint and several surety agreement between the Plaintiff and the Defendant C was an invalid agreement concluded by coercion, Defendant C did not have a duty to pay the Plaintiff’s loan obligation to the Plaintiff. 2) The joint and several surety obligation against the Plaintiff was jointly and severally guaranteed by Defendant C on August 2, 2004, and ten years have elapsed from that time.
2. 1) First of all, there is no evidence to acknowledge that the joint and several guarantee agreement between the Plaintiff and the Defendant C was concluded by the Plaintiff or Defendant B’s coercion, and there is no evidence to acknowledge it. 2) The above assertion by the Defendant C is without merit. 2) Next, as to whether the Plaintiff’s claim against the Defendant C has expired by prescription, the health team, and