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1. The defendant shall pay to the plaintiff KRW 38,950,000 and KRW 37,250,00 among them, from May 23, 2015 to the date of full payment.
Reasons
1. Certificate of basic facts al. 50,000,000
1. Date of repayment: Interest on September 2, 2013: 1% (750,000);
3. Method of payment of interest: Payment on the sixth day of each month; 4. Where interest is in arrears once, the payment of interest shall lose the benefit of time, and the total amount of the loan and interest shall be repaid immediately at the request of an obligee even before the time limit;
5. The jurisdiction of this Court shall be the court having jurisdiction over the domicile of the obligee.
(a).
On September 6, 2012, the Plaintiff and C and the Defendant drafted a loan certificate with the following contents as joint and several sureties (hereinafter “instant loan certificate”). On the same day, the Plaintiff transferred KRW 50,000,000 to C’s account.
B. The Plaintiff purchased health auxiliary foods worth KRW 3,000,000 as the introduction of the Defendant, and instead of bringing the above health auxiliary foods to the Defendant, the Defendant agreed to return KRW 3,000,000, which is the purchase price of the above health auxiliary foods (pharmaceuticals) to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 2 and 3, the purport of the whole pleadings
2. Determination as to the cause of action
(a) the basic facts;
According to Paragraph (1), as a joint and several surety for C, the Defendant is jointly and severally liable to pay to C the remainder of KRW 37,250,000 after deducting KRW 12,750,000 from the loan principal of KRW 50,000,00, the Plaintiff was paid to the Plaintiff jointly and severally with C, barring any special circumstances.
(b) basic facts;
According to Paragraph 1,700,000 won remaining after deducting the amount of KRW 1,300,000 that the Plaintiff was paid from the agreed amount of KRW 3,00,000, and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from March 17, 2016 to the date of full payment, as the Plaintiff seeks.