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1. The defendant jointly and severally with the co-defendant C (the falling claimant on January 13, 2016) to the plaintiff 298,750,000 and 230,000 among them.
Reasons
1. The judgment of this Court
A. The facts under the facts of recognition are recognized by adding the whole purport of the pleadings to each entry in Gap evidence 1 to 6.
1) The Plaintiff’s father D (hereinafter “the deceased”).
(3) On March 3, 2010, the Defendant Co-Defendant C with interest of KRW 230 million per month (hereinafter “instant loan claim”) KRW 3 million per month (hereinafter “instant loan claim”).
2) On July 10, 2015, the Plaintiff, the co-inheritors, and the Plaintiff, on July 10, 2015, agreed on the division of inherited property on the following grounds: (a) at the time, the Defendant was jointly and severally guaranteed the loan; and (b) D died on June 9, 2015; and (c) the spouse E and the Plaintiff, the co-inheritors,
3) As to the instant loan claims, the Plaintiff received, respectively, KRW 1.6 million out of the total amount of interest until September 2012, and KRW 1.6 million out of the interest for 15 months from October 2012 to December 2013, KRW 1.3 million out of the interest for 12 months from January 2014 to December 12 of the same year, and KRW 1.25 million out of the interest for 13 months from January 2015 to June 2015. (b) According to the above facts, the balance of the principal and interest for the instant loan claims up to June 2015 plus KRW 2.3 million, the total amount of principal and interest KRW 6,875 million plus KRW 1.6 million (3 million x 33 million).
2) Therefore, the Defendant, a joint and several surety, jointly and severally with C, is liable to pay the Plaintiff the principal and interest of the instant loan claim KRW 298.75 million and the principal KRW 230 million among them, with 20 million per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sept. 25, 2015) from August 18, 2015 to September 30, 2015, which is the day following the date of service of the duplicate of the instant complaint, to the day of service of the copy of the instant complaint, 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 26553, Sep. 25, 2015).
2. Conclusion.