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1.The judgment of the first instance shall be modified as follows:
The Defendants are jointly and severally liable to the Plaintiff for KRW 1,326,958.
Reasons
1. Determination as to the Defendants’ claim for loans on May 25, 2015
A. The Plaintiff, on May 25, 2015, lent KRW 13,00,000 to Defendant B on a yearly interest rate of 20% and the end of February 2017 as of February 25, 2017 (hereinafter “instant loan”), and Defendant C may recognize the fact that he/she jointly and severally guaranteed Defendant B’s obligation.
According to the above facts of recognition, the Defendants are jointly and severally liable to pay the Plaintiff the instant loan of KRW 13,000,000 and damages for delay from March 1, 2017, which is the day following the due date for payment, unless there are special circumstances.
B. Determination 1 on the Defendants’ assertion on the Defendants’ assertion 1) The Defendants asserted that Defendant B paid all the principal and interest of the instant loan to the Plaintiff on September 12, 2015, by remitting KRW 8,200,000 to the Plaintiff, KRW 2,630,000 on October 30, 2015, KRW 1,100,000 on November 30, 2015, and KRW 2,140,000 on December 30, 2015.
B) The Plaintiff asserts as follows. In addition to the instant loan, the Plaintiff additionally lent KRW 10,000,000 to Defendant B by paying KRW 5,000,000 by account transfer and KRW 5,000 by means of account transfer (the Plaintiff asserted that the additional loan was KRW 15,00,000 on December 13, 2018).
hereinafter referred to as "additional loan"
Prior to September 12, 2015, Defendant B had a debt of KRW 3,200,000 using the Plaintiff’s card borrowed the Plaintiff’s card, and Defendant B had a debt of KRW 5,000,000 for the Plaintiff to subscribe to the three unit of the 5,000,000 foot No. 3 unit operated from July 2015 and to pay KRW 15,00,000 for each month.
Of KRW 8,200,000 paid to Defendant B to the Plaintiff on September 12, 2015, Defendant B appropriated KRW 5,000,000 as of July 4, 2015 and the Plaintiff’s card price interest, etc. used by Defendant B, out of additional loans to Defendant B, for the payment of KRW 5,00,000 as of July 4, 2015, and 630 as of October 30, 2015.