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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 298,751,636 and KRW 250,000,000 among them.
Reasons
1. Facts of recognition;
A. On May 16, 201, the Plaintiff loaned KRW 250,000,00 to Defendant B for the repayment period of KRW 4,200,000 on May 15, 201 and monthly interest of KRW 4,20,00.
B. Defendant C and D jointly and severally guaranteed the instant loan obligation on the same day, and, in order to secure this, concluded a mortgage agreement between the Plaintiff and D with respect to their own real estate as the maximum debt amount of KRW 30,000,000 and Defendant B, and completed the registration of creation of a neighboring mortgage on May 19, 201.
C. After that, the repayment period of the instant loan was extended at Defendant B’s request, but Defendant B did not pay the interest accrued until December 15, 2012.
Accordingly, the Plaintiff applied for the auction of real estate rent to Cheongju District Court Cheongju Branch E, and received the dividends of KRW 93,300,414 on September 9, 2015 at the auction procedure. The principal and interest of the instant loan as of September 9, 2015 is KRW 298,751,636 on September 9, 2015 (i.e., principal amount of KRW 250,000,000).
[Reasons] Defendant B: Defendant C and D did not dispute, Defendant C and D’s evidence of service by public notice (Article 208(3)3 of the Civil Procedure Act), Defendant C and Defendant D’s defense to the effect that the loan certificate of this case was forged; however, there is no evidence to acknowledge it; rather, Defendant C filed a criminal complaint against the Plaintiff on the suspicion that “the Plaintiff conspired with Defendant C and conspired with Defendant C to use the seal imprint of Defendant C and D, thereby forging the loan certificate of this case,” but it is only recognized that the non-prosecution disposition was issued due to the falsity of suspicion (Evidence of Evidence), and the purport of the entire arguments as stated in subparagraphs 2, 3, 2-2-4, 2-2, and 2-4, and the purport of the whole pleadings.
2. According to the facts of the above recognition, Defendant C and D are the principal debtor of the instant loan, and Defendant C and D are joint and several sureties, and they are jointly and severally a joint and several surety, the total sum of the principal and interest of the instant loan to the Plaintiff, as well as the principal and interest thereof.