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1. As to Defendant B and C’s KRW 335,00,000 and KRW 200,000 among them, Defendant B and C shall jointly serve as the Plaintiff from June 2, 2016.
Reasons
1. Facts of the cause of claim;
A. On September 8, 2010, the Plaintiff determined that KRW 200 million was paid to Defendant C at the interest rate of KRW 1.5% per month from September 9, 2010, and lent to Defendant C.
In addition, the Plaintiff loaned Defendant B a total of KRW 135 million on October 31, 201, KRW 50 million, KRW 65 million on December 7, 201, and KRW 135 million on December 7, 2012.
B. On February 25, 2015, Defendant B and C guaranteed each other’s respective debt owed to the Plaintiff to the Plaintiff.
C. On January 22, 2015, Defendant B concluded a mortgage agreement with Defendant D on the instant apartment (hereinafter “instant apartment”) with the maximum debt amount of KRW 500 million, Defendant B, and Defendant D, the mortgagee of the right to collateral security (hereinafter “instant mortgage agreement”) with the knowledge that it would prejudice the obligee without any other property other than the real estate listed in the attached list (hereinafter “instant apartment”). On January 23, 2015, Defendant D had completed the registration of the establishment of the instant apartment on the ground of the instant mortgage agreement, and thereby was omitted in excess of the debt.
[Reasons for Recognition] Defendant B: A without dispute, each entry of Gap evidence 1 through 5, the purport of the whole pleadings, defendant C, and D: Confession (Article 150(3) of the Civil Procedure Act)
2. As to the claim against Defendant B and C, Defendant B and C are jointly obligated to jointly pay to the Plaintiff the total amount of KRW 350 million (i.e., KRW 200 million borrowed from Defendant C, KRW 135 million) and the amount of KRW 200 million, calculated by the rate of 18% per annum from June 2, 2016 to the date of final delivery of the copy of the complaint to the date of full payment as to the above Defendants, according to the Plaintiff’s claim, the damages for delay calculated at the rate of KRW 18% per annum from June 2, 2016 to the date of full payment, and as to KRW 135 million from June 2, 2016 to the date of delivery of the copy of the complaint to Defendant B, each of which is calculated at the rate of KRW 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from June 2, 2016 to the date of full
3. Requests against Defendant D.