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1. The plaintiff
(a) Defendant B’s KRW 144,990,00 and for this, KRW 5% per annum from January 1, 2015 to July 19, 2019.
Reasons
1. Basic facts
A. The Plaintiff loaned KRW 130,00,000 to Defendant B for each year on March 2009, KRW 40,000,000, KRW 10,000 on November 2, 2012, and KRW 24,000 on December 24, 2012, and KRW 130,000,000 on January 4, 2013, each year (or 24% per annum for loans extended on December 24, 2012).
Defendant B’s husband, on April 25, 2014, signed a loan certificate of KRW 130,000,000 in total.
B. Defendant B did not pay KRW 13,440,000 for the sum three times on December 21, 2013, April 21, 2014, and July 21, 2014, among the fraternitys against the Plaintiff (hereinafter “deposits”).
[Ground of recognition] B between the plaintiff and the defendant: The above defendant submitted a written answer to recognize the plaintiff's claim amount, and is therefore deemed to have been led to confession.
Between the Plaintiff and Defendant C: The evidence No. 1 (the above Defendant was the person who signed the above loan certificate from the preparatory document dated November 14, 2018) is contrary to the truth and based on mistake, so it is alleged that it is revoked (the Plaintiff used it in the application for modification of the purport of the claim and the cause of the claim as of November 15, 2018).
() The written evidence in the evidence Nos. 1 and 2 alone is insufficient to acknowledge that such confession of the above defendant was contrary to the truth and was based on mistake, and there is no other evidence to acknowledge it, the above defendant's assertion is not accepted. Meanwhile, the plaintiff, in the legal brief dated October 18, 2018, stated the above loan certificate as the signature, etc. of the defendant C in the above loan certificate before the defendants were viewed as the defendants, but it was cancelled by the statement of the application for modification of the purport of the claim and the cause of the claim as of November 15, 2018 before the defendants' use of the legal document as of November 15, 2018), 2, 3, 5, 6
2. Determination
A. As to the claim against Defendant B, the Plaintiff’s claim amounting to KRW 144,90,00 (i.e., the aforementioned KRW 130,00,000,000, which was not paid until December 31, 2014) and the amount equivalent to KRW 13,440,000, which was not paid until December 31, 2014.