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1. As to Defendant B and C’s joint and several liability amounting to KRW 26,00,000 and KRW 14,000,000 among them, Defendant B and C shall begin on March 13, 201, and December 12.
Reasons
1. Determination as to claims against Defendant B and C
A. On March 12, 2010, the Plaintiff, under Defendant C’s joint and several sureties, lent KRW 14 million to Defendant B 2% of interest monthly and due date on March 12, 201. On November 5, 2010, under Defendant C’s joint and several sureties, the Plaintiff loaned KRW 12 million to Defendant C with interest monthly and due date on November 4, 201. Thus, the said Defendants sought payment of the said principal and interest on the loan.
Defendant B: Judgment by means of deemed confession (Article 208(3)2 of the Civil Procedure Act) (Article 208(3)2 of the Civil Procedure Act): Decision by public notice (Article 208(3)3 of the Civil Procedure Act)
2. Determination as to the claim against Defendant D
A. On March 12, 2010, under Defendant D and C’s joint guarantee, the Plaintiff loaned KRW 14 million to Defendant B on March 12, 201 with interest rate of KRW 2% and due date of payment on March 12, 2011. On November 5, 2010, the Plaintiff loaned KRW 12 million to Defendant B on the joint and several guarantee of Defendant D and C on November 5, 201, with interest rate of KRW 2% and due date of payment on November 4, 201, Defendant D is jointly and severally liable to pay the Plaintiff the total amount of principal and interest of each of the above loans as stated in the purport of the claim.
B. There is no evidence to acknowledge that the portion of the D’s personal information stated in the purport of each joint and several guarantee, such as the Plaintiff’s assertion, is based on Defendant D’s own seal or the seal affixed on the name of Defendant D (the Plaintiff also assumes that it is not based on his own seal, not by his own seal), and there is no other evidence to acknowledge the Plaintiff’s assertion.
Therefore, the plaintiff's argument about defendant D is without merit.
3. The plaintiff's claim against the defendant B and C is justified, and all of them are accepted, and the plaintiff's claim against the defendant D is dismissed as it is without merit.