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1. The Defendant (Counterclaim Plaintiff) and the Defendant C are jointly and severally liable to the Plaintiff (Counterclaim Defendant) for KRW 147,000,000 and KRW 27,00,000 among them.
Reasons
1. Determination as to the main claim
A. In full view of the purport of Gap evidence 1-2 and 3-2 and all the arguments, the plaintiff loaned 50 million won to the defendants on July 16, 2013 as the due date for repayment on July 31, 2013, and the plaintiff lent 120 million won to the defendant Eul on February 21, 2014 as the due date for repayment on April 21, 2014, and the defendant C jointly and severally guaranteed the above loan obligations to the plaintiff on July 21, 2014. The plaintiff is jointly and severally liable to pay 200 million won to the plaintiff on July 16, 2013 as the principal repayment amount of loans from the above 201 billion won to the date of repayment on July 21, 2013 (the above amount of KRW 10 million to the plaintiff on July 26, 2013, KRW 400,000,000 won to the above defendant on July 16, 2013
The amount of KRW 50 million borrowed by the Defendants on July 16, 2013 is the money borrowed by the Defendants as joint borrowers. In this case, in principle, the Defendants’ obligations owed by the Defendants are divided obligations pursuant to Article 408 of the Civil Act. However, there is room to regard the Plaintiff’s claims seeking payment jointly and severally by the Defendants. Rather, the Defendants asserted that the Defendants jointly repaid KRW 23 million out of the above borrowed money, and considering the fact that Defendant C is in the position of joint and several sureties for KRW 120 million borrowed on April 21, 2014.