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1. Defendant B’s 320,000,000 won and the interest rate of 20% per annum from September 13, 2012 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff, from June 11, 2008 to July 4, 2008, lent the sum of KRW 420,000,000 to the Defendant B’s account designated by Defendant B or lent it by issuing cashier’s checks.
B. On December 10, 2010, Defendant B and D drafted a written confirmation that the said Defendants transferred KRW 100,000,000, out of the claims held by the said Defendants against DS Construction to the Plaintiff.
C. On March 15, 2011, Defendant C, the wife of Defendant D, drafted a contract for the transfer and takeover of claims with the purport of transferring KRW 100,000,000 among the claims owned by Defendant C with respect to DS Construction Co., Ltd. to the Plaintiff.
[Ground of recognition] Each entry of Gap evidence Nos. 1 through 5 (including paper numbers, hereinafter the same shall apply) and the purport of the whole pleading
2. According to the above facts of recognition as to the claim against Defendant B, Defendant B is obligated to pay the Plaintiff a loan of KRW 420,000,000 to the Plaintiff, and the Plaintiff was paid KRW 100,000,000 among them. As Defendant B is obligated to pay the Plaintiff damages for delay at the rate of KRW 20% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from September 13, 2012 to the date of delivery of the copy of the complaint of this case, as sought by the Plaintiff.
3. The Plaintiff asserts that Defendant D and C are jointly and severally liable to pay the above amount to the Plaintiff, since the Plaintiff guaranteed KRW 100,000,000 out of Defendant D and C’s loan obligations to the Plaintiff by transferring the claim KRW 100,000,000 against D and C, which Defendant D and C owned against D and C, to the Plaintiff.
Therefore, in light of whether Defendant D and C guaranteed KRW 100,00,000 among Defendant B’s loan obligations, the fact that Defendant D and C transferred KRW 100,000,000 to the Plaintiff out of the bonds held by Defendant D and C related to DS Construction.