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1. The Defendants are jointly and severally liable for 66,100,000 won and the Defendants B shall be 5% per annum from September 1, 2011 to September 3, 2014.
Reasons
1. The parties’ assertion that the Plaintiff lent gold KRW 100,000,000 to the Defendants. The Defendants agreed to make an investment of one half of the total sum of KRW 120,000,000 to the Plaintiff and real estate, and the remainder of KRW 40,000,000, out of the total sum of KRW 120,000,00 transferred from the Plaintiff, which was remitted by the Plaintiff, was immediately returned and settled in accordance with the said investment agreement.
2. Determination
A. As to the cause of the claim, Gap evidence Nos. 1-1 to 4, and Gap evidence Nos. 2 and the plaintiff's principal's overall purport of arguments are comprehensively taken into account the following circumstances, i.e., ① defendant B, the representative director (the representative director at D Co., Ltd., Ltd., prior to the change) of the defendant company (the former representative director at D Co., Ltd.) on Jan. 10, 2005, entered in blank, due date for payment, Dec. 30, 2005, the author, and deliver to the plaintiff a certificate of borrowing with his seal affixed by the defendant Co., Ltd. (the certificate No. 1-1) on Jan. 17, 2005, after the receipt of the loan certificate. ② The plaintiff remitted money of KRW 100,000,000 to defendant B on Jan. 17, 205, the plaintiff's allegation that the above loan was not paid at the time of the change is insufficient to acknowledge the above loan amount of KRW 1000,000.
Meanwhile, the Plaintiff is a person who received reimbursement of KRW 33,90,000 on August 15, 2005, KRW 20,000 on April 29, 2006, KRW 1,800,000 on June 12, 2006, KRW 1,800,000 on July 1, 2006, KRW 60,000 on August 31, 2007, and KRW 33,90,00,00 on the part of KRW 66,10,00 on the part of the Defendants jointly and severally. As such, the Defendants are jointly and severally liable for reimbursement of KRW 66,10,00 on September 1, 201, as the contract repayment period is sought by the Plaintiff after the contract becomes due.