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1. The Defendants jointly and severally liable to the Plaintiff KRW 34,80,000 and Defendant C with respect thereto from October 31, 2009 to June 2, 2014.
Reasons
1. Determination as to the claim against Defendant B
(a) Facts as to the cause of the claim: as stated in the attached Form (Provided, That as recognized below, it can be recognized that Defendant C has repaid the Plaintiff KRW 5,200,000,000 in total, including the amount of KRW 3,000,000 on October 1, 2009, KRW 200,000 on April 20, 2010, and KRW 5,200,000 on June 8, 2010, the remaining amount which remains after deducting the above repayment from the above payment).
(b) Judgment based on constructive confession (Article 208 (3) 2 of the Civil Procedure Act);
2. Determination as to the claim against Defendant C
A. The facts of recognition revealing the following as to Gap evidence 1, Eul evidence 5, Eul evidence 7 Eul's evidence 1, Eul evidence 7-1, and Eul evidence 7-2, the plaintiff loaned 50 million won to the defendant Eul with respect to the construction of the new apartment lots outside Ulsan-gun D around the beginning of 2009, and the defendant Eul lent 50 million won to the defendant Eul on September 28, 2009. The plaintiff on September 28, 2009: "40 million won out of the loan amount of 50,000,000 won out of the loan amount of 10,000,000 won out of the above apartment lot shall be paid to the plaintiff on October 30, 200, each of which is recognized as having been paid to the plaintiff on October 30, 200, and thereafter, the defendant Eul paid 100,000 won out of the loan amount of 10,000 won.
B. According to the above facts of recognition, Defendant C is obligated to pay the remainder of KRW 10,000,000 to the Plaintiff after borrowing KRW 50,000,000 from the Plaintiff and agreed to repay the remainder of KRW 40,000,000 to October 30, 2009, but failed to repay the remainder of KRW 5,200,000,000. Thus, Defendant C is obligated to pay the remainder of KRW 34,80,000 to the Plaintiff.
C. As to the determination of Defendant C’s assertion, Defendant C alleged that the Plaintiff lent the construction of the said apartment to Defendant C, the said KRW 50,000,000,00, which was alleged by the Plaintiff, was paid to Nonparty F as a security deposit in order to order the removal of the said apartment in connection with the construction of the said apartment, and was not lent to Defendant C. However, Defendant C’s evidence No. 1 and B.