beta
Text
1. The Plaintiff. The Defendants jointly share KRW 117,50,000, Defendant C’s KRW 17,524,000, and each of the said amounts on March 4, 2016.
Reasons
1. Determination on the cause of the claim
A. On June 2, 2014, Defendant B borrowed KRW 120,000,00 from the Plaintiff on or around November 2, 2011, and Defendant B drafted a certificate of borrowing stating that the said money will be repaid in full by the end of June 2014, as KRW 40,000,000, KRW 40,000 until the end of July 2014, and KRW 40,000,000 until the end of October 2014. (ii) Defendant B agreed to pay as above, as well, paid KRW 120,00,000, KRW 1200,000, and KRW 50,500,000 on August 19, 2015.
3) On June 3, 2015, Defendant C drafted a letter of payment stating that KRW 135,024,000 will be paid to the Plaintiff by June 30, 2015. [The fact that there is no dispute over the grounds for recognition, evidence Nos. 4 through 6, and evidence Nos. 2, and the purport of the whole pleadings, as a whole.
B. Determination 1) In full view of the overall purport of the pleadings as to the statements in Gap evidence Nos. 1 through 3, the following circumstances are revealed. ① The plaintiff supplied cosmetics to the defendant Eul and lent money to him. ② The defendant Eul prepared a loan certificate (Evidence No. 4) with the purport that the plaintiff shall pay 120,000,000 won to the plaintiff together with the amount of cosmetics and the amount of borrowed money. ③ The defendant C prepared a loan certificate (Evidence No. 6) with the purport that the defendant Eul shall pay 120,000 won to the plaintiff.
In full view of the facts found in the above, barring any special circumstance, the Defendants are obligated to pay to the Plaintiff KRW 117,50,000, and Defendant C, as agreed above, KRW 135,024,00, and damages for delay thereof. The above obligation to pay KRW 117,50,000, which falls under the overlapping part, due to the occurrence of the same legal cause, are jointly liable for payment by the Defendants (it is reasonable to see that the Defendants are jointly and severally liable for payment). Defendant C is the Plaintiff.