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1. The Defendants jointly and severally liable to the Plaintiff KRW 706,00,000 and Defendant B with respect thereto from October 11, 2017, and Defendant C.
Reasons
1. Basic facts
A. On November 9, 2013, the Defendants confirmed that Defendant C (hereinafter referred to as “Defendant C”) who is the representative director of D will act on behalf of the Plaintiff when D borrowed KRW 2660 million from Scarto Co., Ltd. (hereinafter “Scarto”), borrowed from the Plaintiff on September 4, 2012, and KRW 580 million from Scarto Co., Ltd. (hereinafter “Scarto”), Defendant C (hereinafter referred to as “Defendant C”) borrowed from the Plaintiff on September 4, 2012, Defendant C will receive KRW 80 million in cash and repaid KRW 10 million in cash to the Plaintiff on April 20, 2012, and Defendant C will make up and keep a cash certificate of KRW 40 million as of September 4, 2013.
B. After doing so, the Defendants drafted a “certificate of confirmation” stating that the Plaintiff “I will confirm that I will make payment by subrogation until February 28, 2014, in the event D fails to make payment of KRW 580 million borrowed from the Plaintiff and KRW 70 million borrowed from the Plaintiff and KRW 266 million borrowed from the foreign exchange bank loan from the Plaintiff to D, Scaro, and KRW 580 million borrowed from the Plaintiff to the high seas as security.”
C. On November 24, 2013, Defendant B drafted “certificate of confirmation” stating that “The Plaintiff will complete payment not later than February 28, 2014 of the amount of KRW 916 million (in cash, KRW 70 million, KRW 266 million loans from the foreign exchange bank, KRW 580 million as apartment security, and KRW 580 million as of February 28, 2014.”
The above certificate of confirmation is stamped by Defendant C’s seal.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 4, and 5, the purport of the whole pleadings
2. Summary of the parties' arguments
A. On July 17, 2009, Plaintiff 1 loaned KRW 1 billion to Plaintiff 1 on several occasions until November 2, 2012.
However, the Plaintiff did not pay the remainder after the Defendants paid the amount of KRW 95 million.