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1. The plaintiff's claim against the defendant B added and expanded in the trial of the court and the defendant C expanded in the trial of the court.
Reasons
1. Determination as to the defendants' loans of KRW 56 million and the claim for interest
A. As to the Plaintiff’s claim for a loan of KRW 56 million (1) on September 2, 201, the Plaintiff loaned KRW 30 million to Defendant B on or before the due date set on November 2, 2011 (hereinafter “No. 1 loan”); Defendant C guaranteed the Defendant B’s obligation for the loan; and the Plaintiff also lent KRW 26 million to Defendant B on September 9, 201 without the due date for repayment (hereinafter “the loan of this case”); and Defendant D’s joint and several guarantee for the loan of KRW 1,00,000,000 to Defendant B without the due date set (hereinafter “the loan of this case”); or may be recognized by taking account of the following: (a) there is no dispute between the parties concerned; or (b) the fact that Defendant D jointly and severally guaranteed the above loan of KRW 1,000,000,000,000,000,000,000).
According to the above facts, barring any special circumstance, Defendant B is jointly and severally liable to pay the Plaintiff the total amount of each of the loans of this case to KRW 56 million, Defendant C is jointly and severally liable with Defendant B as a joint and several surety, and Defendant D is jointly and severally liable to pay the amount of KRW 26 million and damages for delay.
(2) As to the claim for interest of KRW 1 million per month, the Plaintiff agreed to lend each of the first and second loans to Defendant B at the rate of KRW 1 million per month, and accordingly, the Defendants are jointly and severally liable to pay each interest.
According to each description of Gap evidence Nos. 2 through 11 (including each serial number, if any; hereinafter the same shall apply), ① the plaintiff borrowed KRW 30 million from E on September 2, 201 to KRW 700,000 per month, and immediately after receiving the above money from E, he/she remitted the money to the defendant Eul's account after he/she borrowed KRW 10,000 per month; the plaintiff remitted the money to E as interest for KRW 120,000 through KRW 210,000 per month during several times from October 4, 2011 to November 5, 2013; ②