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1. The Plaintiff, Defendant B, and Defendant C, jointly and severally with Defendant B, shall be KRW 106,000,000, and the above amount shall be KRW 25,000,000 among the above amounts.
Reasons
1. On September 1, 2007, the Plaintiff: (a) on September 6, 2007, the due date for repayment of KRW 16 million to Defendant B; and (b) on December 31, 2007, the due date for repayment of KRW 66 million to the remainder; and (c) on December 31, 2007, the due date for repayment for the remainder of KRW 66 million (hereinafter “the loan of this case”); and (d) the Defendant C jointly and severally guaranteed to the Plaintiff for KRW 25 million out of the Defendant B’s debt of this case.
[Ground for Recognition] Defendant B: The fact that there is no dispute over Defendant C, each entry of evidence Nos. 1 and 2, and the purport of the whole pleadings, and the purport of the whole pleadings.
2. According to the above facts of recognition, Defendant B is obligated to pay to the Plaintiff, Defendant C is jointly and severally with Defendant B the amount of KRW 106,000,000, and the amount of KRW 25,000,000 among the above amount and each of the above amounts, as the Plaintiff seeks, 5% per annum under the Civil Act from January 1, 2008, the following day following the final payment date until July 20, 2018, the last delivery date of a copy of the complaint of this case, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day until the day of full payment.
As to this, Defendant C alleged that Defendant C could not comply with the Plaintiff’s claim of this case since Defendant C repaid to the Plaintiff the amount of KRW 25 million jointly and severally guaranteed by Defendant C out of the loan funds of this case, but Defendant C’s assertion is not acceptable on the ground that there is no evidence to acknowledge this.
3. The plaintiff's claim against the defendants is reasonable, and it is so decided as per Disposition by the assent of all participating Justices.