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1. The Defendants are jointly and severally liable to the Plaintiff for 164,929,378 won and 6% per annum from August 15, 2019 to February 19, 2020.
Reasons
1. According to the overall purport of the arguments and arguments by Gap evidence Nos. 1 through 5 (including household numbers) as to the cause of the claim, the plaintiff supplied the trial support group equivalent to KRW 2,146,014,32 to the defendant Eul corporation from March 2012 to November 2016. The defendant Eul corporation did not pay KRW 192,629,378 out of the price until May 2017. The defendant Eul corporation and C agreed to jointly and severally pay the above unpaid amount to the plaintiff around June 2017. The defendant Eul jointly and severally guaranteed the above debt, and Eul promised to pay KRW 120,00,000 out of the defendants' above debt to the plaintiff around March 3, 2019 to KRW 2,146,014,322, and the defendant Eul promised to pay KRW 192,629,370,000 from around March 3, 2019 to March 19, 2007.
Therefore, the Defendants are jointly and severally liable to pay 167,929,378 won and damages for delay, which are the balance, to the Plaintiff.
2. Judgment on the defendants' assertion
A. The Defendants asserted that, in order to secure the above debt, E, a joint guarantor of Defendant B, set up a collateral with a maximum debt amount of KRW 120,000,00 with respect to F apartment G, which is the F apartment G, and that part of each month is repaid, the said maximum debt amount or the repayment amount should be deducted from the said balance.
According to the evidence Nos. 5, 5, and 1 of E, H, the spouse of E, on March 22, 2019, may be acknowledged that the Plaintiff, on the said apartment, set up a mortgage with the obligor’s maximum debt amount of KRW 120,00,000, with respect to the said apartment. However, there is no evidence to deem that the Plaintiff exercised the said mortgage, the maximum debt amount may not be deducted.
In addition, the fact that the Plaintiff and E promised to repay in installments is as seen earlier, and according to the purport of Gap evidence Nos. 12, 13, and Eul evidence Nos. 2, and the entire purport of the pleadings, E is as follows.