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1. The Defendants jointly and severally liable to the Plaintiff KRW 40,000,000 and Defendant B from July 21, 2008 to August 26, 2014.
Reasons
1. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 3 as to the cause of the claim, the plaintiff is obligated to lend 40,000,000 won to the defendant Eul under the joint and several guarantee of defendant C on July 20, 2008, and receive a loan certificate (Evidence No. 1) containing such contents from the defendants, barring any special circumstance, the defendants jointly and severally are liable to pay to the plaintiff the above KRW 40,000,000, and the above loan date from July 20, 2008 until the delivery date of the complaint (the defendant B was August 26, 2014; the defendant C was August 25, 2014) under the Civil Act, and to pay damages for delay calculated at a rate of 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
2. Judgment on the defendants' assertion
A. The Defendants asserted that the amount borrowed from the Plaintiff is KRW 27,00,000,000. However, even if so, the Defendants expressed their intent to repay KRW 40,000 through the preparation and delivery of a loan certificate. Thus, the Defendants’ assertion on this part is without merit.
B. Furthermore, even though the Defendants asserted that the repayment period of the above loan claim was not due, it is difficult to accept this part of the Defendants’ assertion, since the Plaintiff urged the repayment of the above loan at the time when six years have elapsed since the above loan was made, and the payment period has arrived due to the lapse of a considerable period of time.
3. The conclusion is that the plaintiff's claim is reasonable, and it is so decided as per Disposition.