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1. Defendant B’s KRW 2,400,000,000 as well as 5% per annum from September 10, 2008 to March 16, 2018.
Reasons
1. Determination as to the claim against the defendant B
A. Claim No. 2.4 billion won of the outstanding loan amount of KRW 3 billion based on the loan certificate (Evidence No. 1) prepared and delivered by Defendant B to the Plaintiff on August 27, 2008, which was “the borrowed amount of KRW 3 billion and due date September 9, 2008.”
(b) Article 208 (3) 3 of the Civil Procedure Act of the applicable provisions of Acts.
2. Determination as to the claim against Defendant C
A. Basic facts 1) D Co., Ltd. (hereinafter “D”).
A) Around June 30, 2008, Defendant B issued a promissory note as of June 30, 2008 with the Plaintiff, the face value of 3 billion won, the date of issuance, June 30, 2008, and July 25, 2008, and a notary public prepared a notarial deed (Evidence A2) with respect to the said promissory note as of July 29, 2008. (2) around August 27, 2008, Defendant B completely pays 3 billion won until September 12, 2008, and shall be punished by the loan certificate No. 1, and hereinafter “the loan certificate of this case”).
(1) The Plaintiff and Defendant C signed the above loan certificate as a joint and several surety of Defendant B. 【The fact that there is no dispute over the grounds for recognition, the entries in the evidence Nos. 1 and 2, and the purport of the entire pleadings.
B. On June 30, 2008, the plaintiff asserted 1 of the plaintiff's assertion made a loan of KRW 3 billion to D as of July 25, 2008 with the introduction of the defendant C around June 30, 2008. On or around August 27, 2008, the plaintiff prepared a loan certificate of this case with the defendant B and entered into a novation contract with the purport that the borrower of the above loan is changed to the defendant B and the repayment period is extended to September 9, 2008. The defendant C jointly and severally guaranteed the debt of the loan under the above light agreement with the plaintiff.
Since Defendant B paid only KRW 600 million to the Plaintiff twice and did not pay the remainder of the loan, Defendant C is a joint and several surety obligation, which is the principal obligor.