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1. The Defendants jointly share the Plaintiff KRW 170,00,000,000, and Defendant B with respect thereto from February 2, 2016, and Defendant C.
Reasons
1. Determination on the cause of the claim
A. Comprehensively taking account of the overall purport of the arguments in the statement Nos. 1 and 2 as a whole, Defendant B prepared, on February 23, 2015, a loan certificate of KRW 170,000,000, and the method of repayment, at the end of each month from March 2015 to September, 2015 (10,000,000 won, in installments (hereinafter “the loan certificate of this case”). Defendant C signed and sealed the loan certificate of this case as the guarantor.
B. According to the above facts of recognition, Defendant A is presumed to have borrowed KRW 170 million from the Plaintiff under Defendant C’s guarantee. Thus, the Defendants jointly have the obligation to pay damages for delay at the rate of KRW 15 million per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from February 2, 2016 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case sought by the Plaintiff as the date of the due date of the agreement with the Plaintiff, Defendant B, and Defendant C, from January 13, 2016 to the day of full payment.
2. As to the Defendant B’s assertion, Defendant B received investment funds from the Plaintiff from the Plaintiff, and received investment funds from the Plaintiff, and Defendant B received money from the Plaintiff as a deposit account in the name of Defendant B. There is no money borrowed from the Plaintiff. Defendant B asserted that it is only the Plaintiff to prepare the instant loan certificate upon the Plaintiff’s continuous demand. However, there is no evidence to acknowledge it, the above assertion is difficult to accept.
3. In conclusion, the plaintiff's claim against the defendants is justified, and it is so accepted and decided as per Disposition.