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1. Defendant (Appointed Party) B and Appointed C jointly and severally with the Plaintiff from December 31, 2014.
Reasons
1. Basic facts
A. The Plaintiff and D are married couple, and the Defendants are also married.
B. On April 2, 2013, Defendant B prepared and rendered a certificate of borrowing (hereinafter “the instant certificate of borrowing”) with the following contents to the Plaintiff on April 2, 2013, and Defendant C jointly and severally guaranteed the said certificate.
B A B A C
C. On September 25, 2013, Defendant B, prior to the preparation of the instant loan certificate, drafted a document with the following content (hereinafter “instant document”) on September 25, 2013, confirming that Defendant B paid KRW 18 million to Plaintiff or D from April 2012 to September 25, 2013.
- B was fully paid 18 million won out of the amount 47 million won borrowed to D, and the remainder 29 million won was promised to fully repay until December 30, 2014.
The promise to put one million won per month into the passbook shall be made, and again, to not call to C.
I agree not to reverse this undertaking. D.
Defendant B paid to the Plaintiff KRW 2 million on October 21, 2013, KRW 1 million on 200, and KRW 25 million on 13 occasions over every 20th day from November 2013 to November 20, 2014, KRW 1 million on December 22, 2014, and KRW 9 million on December 31, 2014.
[Ground] Evidence Nos. 1, 2, 2, 4, 6, and the purport of the whole pleadings
2. Determination
A. According to the Plaintiff’s assertion, Defendant B agreed to borrow KRW 47 million from the Plaintiff on March 1, 2007 at the rate of 15% per annum.
However, Defendant C paid KRW 1 million to the Plaintiff from April 2013 to the 20th day of each month, and the Defendants paid KRW 10 million from April 2, 2013 to June 20, 2013, and fulfilled the above two conditions, Defendant C exempted the interest of KRW 15 per annum.
However, inasmuch as the Defendants did not fulfill the above conditions, the parties agreed to pay 15% per annum from March 1, 2007, the principal amount. The Defendants did not pay only KRW 41,991,140 until December 31, 2014, which is less than interest.
The discharge by the Defendants is the same.