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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 1,044,00,000 and KRW 900,000 among them, starting from July 1, 2010.
Reasons
1. Determination as to the cause of claim
A. In fact, the Plaintiff filed a criminal complaint against the Defendants on charges of fraud, as the Defendants did not repay KRW 950 million from their own funds.
On June 30, 2008, the Plaintiff and the Defendants agreed to withdraw the above criminal complaint instead of paying the Plaintiff the amount of KRW 30 million out of KRW 950 million to the Plaintiff on June 30, 2008. The Plaintiff paid KRW 20 million up to July 5, 2008. The Plaintiff agreed to withdraw the criminal complaint instead of paying the remainder of KRW 900 million up to June 30, 2010.
Accordingly, around July 2008 between the plaintiff and the defendants, "Defendant B borrowed KRW 450 million from the plaintiff as of June 30, 2010; interest from July 31, 2008 to June 30, 2009; and from July 1, 2009 to June 30, 2010; Defendant C borrowed KRW 3.5 million each month; Defendant C borrowed money from the plaintiff as of June 30, 2010 to June 30, 2010; Defendant C borrowed money from June 30, 2008 to June 30, respectively; Defendant C borrowed money from the plaintiff as of June 30, 2010 to June 30, respectively; Defendant C borrowed money from June 30, 2008 to June 30, 2015 to June 30, 2009."
[Ground of recognition] According to the purport of Gap evidence Nos. 1, 2-1, 2-2, and 3-1, and 2-2 (each statement of each certificate of personal seal impression attached to each of the above documents and each of the above documents), the authenticity of the entire document is presumed to have been established since the seal following the defendant Eul's name is recognized as being by the seal of the above defendant. The purport of each statement of Gap evidence Nos. 1, 2-1, and 3-2 (each statement of each certificate of personal seal impression attached to each of the above documents
B. According to the above facts of recognition, the Defendants jointly and severally filed a claim with the Plaintiff KRW 1.4 billion (= Principal KRW 900 million from July 31, 2008 to June 30, 2009 + KRW 66 million from July 31, 2008 to June 30, 2009 (= KRW 5.5 million x 12 months) (= KRW 5 million), which the Plaintiff seeks (i.e., five million x 12 months).