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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 30 million and 5% per annum from January 18, 2008 to June 24, 2015.
Reasons
1. According to the evidence No. 1 and No. 3 of the judgment as to the cause of the claim, Defendant B entered into an agreement with the Plaintiff on January 17, 2008, stating that “the Plaintiff shall refund KRW 50 million total of the principal and interest KRW 30 million to the Plaintiff by March 30, 2008,” and the Defendant C may recognize that on the same day it guarantees Defendant B’s obligation to the Plaintiff.
According to the above facts of recognition, the defendants are jointly and severally liable to pay 30 million won and 5% interest per annum as stipulated in the Civil Act from January 18, 2008 to June 24, 2015, which is the delivery date of the original copy of the payment order of this case, and 20% interest per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
2. The Defendants asserted as to the Defendants’ assertion that the Plaintiff merely delivered KRW 30 million received from the Plaintiff to E, and did not use the said money. The Plaintiff’s claim to the effect that the Plaintiff’s claim is unjust, since it led to Defendant C’s guarantee by forcing Defendant C to find and forcibly pressure the Defendants’ house.
However, there is no evidence to prove the fact that Defendant C guaranteed by the Plaintiff’s strong pressure, and it is recognized that the Defendants drafted an agreement to refund the investment amount to the Plaintiff as seen earlier. Therefore, the aforementioned assertion by the Defendants is without merit.
3. In conclusion, the plaintiff's claim of this case is reasonable, and it is so decided as per Disposition.