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1. The Plaintiff, Defendant B, and Defendant C, jointly and severally with Defendant B, KRW 40,000,000, and each of the above amounts.
Reasons
1. Determination on the cause of the claim
A. Comprehensively taking account of the overall purport of the arguments as to the statements Nos. 1 and 2, Defendant B borrowed money from the Plaintiff over several times from around 2004 to around May 30, 2013. Meanwhile, it is recognized that Defendant C prepared a cash storage certificate to the effect that, around March 2005, Defendant B jointly and severally guaranteed the Plaintiff’s debt of KRW 40,000,000 out of the Defendant B’s above loan debt.
B. According to the above facts, barring any special circumstance, Defendant B is obligated to pay to the Plaintiff the sum of KRW 52,00,000,000 for the borrowed money, Defendant C is jointly and severally liable with Defendant B to pay the above amount of KRW 40,000,000, and damages for delay with respect to each of the above amounts.
2. Judgment on the defendants' assertion
A. Although Defendant C asserts to the effect that he/she inevitably prepared a cash custody certificate (No. 1) by coercion by the Plaintiff, the above assertion by Defendant C is without merit, since there is no evidence to acknowledge it.
B. The Defendants asserted that they repaid the Plaintiff KRW 51,050,000 in total from February 2, 2004 to November 201, 2013. As such, each of the descriptions of lives and evidence Nos. 1 and 2 (including the serial number) alone is insufficient to recognize it, and there is no other evidence to acknowledge it, the Defendants’ assertion is without merit.
3. Accordingly, the Plaintiff is obligated to pay damages for delay at a rate of 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 12, 2014 to the date of delivery of a copy of the instant complaint, as sought by the Plaintiff, with respect to each of the above amounts, jointly and severally with Defendant B, KRW 52,00,000, and KRW 40,000,000, among the above amounts, and each of the above amounts, as the Plaintiff claims against the Defendants. Accordingly, the Plaintiff’s claims against the Defendants are with merit, and it is so decided as per Disposition.