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1. Of the judgment of the court of first instance, the amount of KRW 80,000,000 against Defendant B and the period therefor shall be from February 27, 2014 to June 8, 2017.
Reasons
1. The summary of the cause of the claim was set and lent KRW 80,000,00 to the Defendant B on June 8, 2009 as the due date set on August 10, 2010, and the Defendant C jointly and severally guaranteed the obligation to return the above loan.
On October 4, 2012, Defendant B drafted a notarial deed of a monetary loan agreement (around 80,000,000 won in principal of the loan and interest 20,000,000 won in interest thereon (hereinafter “instant loan”) with the maturity of payment on December 10, 2012; (b) on December 10, 2012, the parties agreed to 6.5% per annum; and (c) on October 21, 2012, a notary public drafted a notarial deed of a monetary loan agreement with the maturity of payment on KRW 100,00,000 (hereinafter “instant notarial deed”).
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 80,000,000 among the instant loans and damages for delay.
2. Determination
A. In full view of the overall purport of the statements and arguments as to the claims against Defendant B, as indicated in Nos. 1, 2, and 2, and 3 (including additional numbers), the Plaintiff and Defendant B prepared a loan certificate as of July 1, 2010 (hereinafter “the instant loan certificate”) with respect to KRW 80,00,000,00 as of June 8, 200 between the Plaintiff and Defendant B, and it is recognized that the instant notarial deed was prepared again on October 4, 2012. It is reasonable to deem that the instant notarial deed was prepared to the effect that the Plaintiff and the Defendant conclude a new loan agreement by settling accounts for the principal and interest of the loan until the execution of the instant notarial deed as of October 4, 2012.
(2) Thus, Defendant B is liable to pay the instant loan and the damages for delay to the Plaintiff, unless there are special circumstances to the Plaintiff.
Meanwhile, the Plaintiff: (a) after the maturity date of the instant authentic deed, KRW 400,00,00 for the Plaintiff’s KRW 80,000 on August 1, 2013; and (b) on October 1, 2013, following the Defendant B’s maturity date; (c) December 27, 2012; (d) February 13, 2013; and (e) March 18, 2013; (e) the Plaintiff’s KRW 400,000 for each of the instant authentic deeds; and (e) October 1, 2013.