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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 83,926,026 and the interest rate thereon from October 13, 2016 to the date of full payment.
Reasons
1. Determination on the cause of the claim
A. On April 14, 2016, the Plaintiff loaned KRW 100,000,000 to Defendant B, and agreed to the interest rate from April 15, 2016 to July 31, 2016.
Defendant C jointly and severally guaranteed Defendant C’s debt owed to the Plaintiff.
Defendant B paid to the Plaintiff KRW 5,00,000,000 on August 23, 2016, and KRW 20,000,00 on October 12, 2016.
[Ground of Recognition] Regarding Defendant B: A without dispute, entry of evidence No. 1, the purport of the entire pleadings, as to Defendant C: Confession
B. According to the above facts, the Defendants are jointly and severally liable to pay to the Plaintiff damages for delay at the rate of 18% per annum, which is the agreed interest rate, from October 13, 2016 to the date of full payment, to the date of full payment, the remaining principal of the loan, such as the calculation sheet of the amount appropriated according to the method of statutory appropriation of appropriation.
2. Determination as to Defendant B’s assertion
A. Defendant B’s assertion 1) The amount borrowed by Defendant B from the Plaintiff is the mother of C, a joint and several surety, and the Plaintiff borrowed through consultation with the Plaintiff. Defendant B decided to jointly purchase the land of three parcels, including the Plaintiff and Samsung-si, and there is a need for mutual settlement with the Plaintiff as to the fees and expenses for the introduction of real estate.
B. As seen earlier, Defendant B borrowed KRW 100,00,000 from the Plaintiff, there is no dispute between the parties, or there is a possibility to recognize it by the entry of Defendant B’s evidence No. 1. The circumstance that Defendant B borrowed the money from Defendant B by requiring D is merely an internal circumstance, and thus, it cannot be deemed that Defendant B was exempted from the liability to pay the loan to the Plaintiff. (2) As to whether Defendant B had a claim, such as the introduction fee, against the Plaintiff in connection with the purchase of land for three parcels outside of Si-si, Sejong-si.