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1.The judgment of the first instance shall be modified as follows:
Defendant C and D jointly share to the Plaintiff KRW 41,967,514 and any of them.
Reasons
1. Basic facts
A. Upon Defendant C’s request for lending, the Plaintiff remitted each of the KRW 10,000,000 to Defendant B’s account (hereinafter “the instant loan 1”), KRW 15,000,000 on September 12, 2012 (hereinafter “the instant loan 2”), and KRW 5,000,000 on March 19, 2013 (hereinafter “the instant loan 3 loan”).
(hereinafter the above loans collectively referred to as “instant loans”). B.
Around August 2013, the Plaintiff received a monetary loan agreement from Defendant C to the effect that “the Plaintiff was given KRW 30,000,000 to Defendant C with a maturity of 24% per annum on December 30, 2013, interest and delay damages (hereinafter “the instant loan certificate”), and Defendant D signed and sealed the instant loan certificate as the guarantor.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings
2. The reasoning for this decision is as stated in this part of the judgment of the court of first instance (as stated in the corresponding part of the judgment of the court of first instance (as from the third to the 7th 20th eth eth eth eth eth eth).
3. Judgment on the conjunctive claim
A. The gist of the Plaintiff’s assertion was that the Plaintiff lent the total amount of KRW 30,000,000 to Defendant C, and Defendant D jointly and severally guaranteed the above loan obligation.
However, Defendant C does not pay to the Plaintiff the remaining principal and interest by paying only the interest indicated in the table 1 through table 3 attached hereto. As such, Defendant C shall pay to the Plaintiff the amount calculated by the rate of 24% per annum from May 20, 2017 to the date of full payment of the principal amount of KRW 30,000,000 as well as KRW 42,930,000 as well as KRW 12,930,00 as well as KRW 30,00 as to the principal amount of KRW 30,00,000 as well as KRW 12,930,00.
B. According to the evidence and the purport of the entire pleadings, prior to the determination of the cause of the claim, Defendant C set the total amount of KRW 30,000,000 from the Plaintiff as due date for reimbursement of KRW 30,000 from the Plaintiff, and interest and delay damages at 24% per annum.