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1. The Defendants shall jointly and severally serve as KRW 75,00,000 on the Plaintiff and as a result, from July 24, 2015 to September 30, 2015.
Reasons
1. On June 30, 2008, Defendant B borrowed KRW 50,000,000 from the Plaintiff as of April 10, 2009. At the time, Defendant C guaranteed the Plaintiff’s above loan obligation.
On August 12, 2008, Defendant C borrowed KRW 25,000,00 from the Plaintiff as of April 10, 2009 at the maturity of payment. At the time, Defendant C guaranteed the Plaintiff’s joint and several obligation for the said loan.
[A evidence Nos. 2 and 2 as the guarantor. However, in light of the following circumstances acknowledged by the respective descriptions of the evidence Nos. 1 and 2 as well as the purport of the entire pleadings, Defendant C’s joint and several liability as to the Plaintiff of Defendant B’s debt of KRW 50,00,000, which was first due between the same parties, with the same parties as the maturity period, the amount of Defendant C’s debt of KRW 50,000,000 as to the Plaintiff’s debt of KRW 50,00,00, and there is no difference between the above 50,000, and the above “joint and several surety”. ③ Even according to Defendant B’s statement, the meaning of the above “sureties” is not “a simple guarantor,” but “joint and several surety,” and it is reasonable to view the meaning of the above “Defendant B’s debt at the time of lending to Defendant C as the financial resources of Defendant B. At the time of borrowing each of the above loan, the Defendants agreed to pay a certain amount under the name of personnel.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, purport of whole pleadings
2. Determination as to the defendants' defense
A. The summary of the first defense against Defendant C’s defense is that the Plaintiff was granted the right to collateral on the land of Gyeongbuk-gun as collateral of KRW 50,000,000 from Defendant B, on the condition that the Plaintiff was granted the right to collateral on the land of Gyeongbuk-gun. The Plaintiff jointly and severally guaranteed the Plaintiff’s obligation to collateral on the land of Gyeongbuk-gun from Defendant B.