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1. The Defendants are 220,000,000 won to each Plaintiff and 20% per annum from April 25, 2013 to the date of full payment.
Reasons
1. Basic facts
A. As of December 31, 2005, the Defendants drafted a loan certificate (1) and Defendant D had been engaged in monetary transactions from around 2000. As of December 31, 2005, A loaned money to Defendant D to Defendant D (hereinafter “instant loan”). As of December 31, 2005, the amount loaned to Defendant D was KRW 220 million (hereinafter “instant loan”).
(2) Defendant D decided to pay the above KRW 220 million up to February 28, 2006, and Defendant E guaranteed Defendant D’s above loan obligations against Defendant D.
B. From January 1, 2006 to May 31, 2013, a monetary transaction (1) between A and the Defendants made a monetary transaction with the Defendants from January 1, 2006 to May 31, 2013. During the said period, A’s total amount remitted to the Defendants exceeds KRW 670 million, and the Defendants’ total amount remitted to A exceeds KRW 70 million.
(2) The amount remitted by A to the Defendants includes KRW 200 million lent by F to the Defendants via A, and the amount remitted by the Defendants to A includes KRW 200,000,000 paid as the interest of F (4 million per month).
C. A’s declaration of bankruptcy was filed with the Busan District Court 2013Hadan103, and was declared bankrupt by the above court on August 28, 2013, and the Plaintiff was appointed as a trustee in bankruptcy.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 6 through 8, Eul evidence Nos. 1 through 4, 7, and 8 (including each number), and the purport of the whole pleadings
2. The assertion and judgment
A. According to the above facts of recognition as to the cause of the claim, the defendants are obligated to pay the borrowed money of this case to each plaintiff.
B. Determination of the Defendants’ assertion (1) The Defendants asserted that they repaid the instant loan in lieu of the payment of the purchase price, but there is no evidence to acknowledge this. Thus, the Defendants’ assertion is without merit.
(2) The Defendants are again entitled to the claim amount A 202.2 billion won.