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1. The Defendants jointly share KRW 200,000,000 with the Plaintiff and Defendant B with respect thereto from January 1, 2007 to September 30, 2015.
Reasons
According to Gap evidence Nos. 1 and 2, on April 30, 2005, Defendant B prepared and delivered to the plaintiff a loan certificate stating that "I will borrow the above amount of nex 200,000,000, and redeem the principal until the end of 2006" on April 30, 2006, Defendant B shall be liable for payment guarantee to the plaintiff by the end of 2000,000,000 won (with the agreement of 82,64,000,000,000 won (with the agreement of nex 20,000,000,000,000 won) and the profit accruing from the Corporation, which was delivered to the plaintiff on April 30, 200 (with the agreement of nex 82,64,000,000 won).
The Defendants asserted that Defendant B did not receive money from the Plaintiff as a loan and received money as a loan for the performance of the field construction work. However, insofar as it is acknowledged that the Defendants agreed to pay money to the Plaintiff as above, it does not affect whether the Defendants are obligated to pay money to the Plaintiff, whatever the pretext it is.
(1) On October 7, 2015, the Plaintiff appeared on the date of the second pleading and stated that the cause of the instant claim is a claim for the agreed amount. Even if the Defendants were subject to a disposition, such as having no suspicion in the criminal proceedings pertaining to the instant monetary transaction, it does not exempt the Plaintiff from the obligation of payment under the civil law. Therefore, the Defendants jointly share the amount of KRW 200,000,000, and as to this, Defendant B’s annual rate from January 1, 2007 following the date of the agreed payment to September 30, 2015, which is the delivery date of a duplicate of the complaint of this case, from October 1, 2015 to the date of full payment.