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1. Defendant D’s KRW 7,00,000 for Plaintiff B and for this, KRW 5% per annum from June 14, 2016 to May 25, 2017.
Reasons
1. As to the claim for loans made on July 8, 2009
A. Comprehensively taking account of the purport of the entire arguments in evidence Nos. 1 and 2, Plaintiff B lent KRW 10 million to Defendant D on July 8, 2009 without due date and interest agreement, and Defendant D is liable to pay the remainder of KRW 7 million and delay damages to Plaintiff B on October 1, 2009.
B. The plaintiffs argued to the effect that all of the plaintiffs lent 10 million won to the defendants, or Defendant E, the wife of Defendant D, jointly and severally guaranteed the above loan obligation. However, it is insufficient to recognize the above assertion by only the statement in the evidence No. 2, and there is no other evidence to acknowledge it.
C. If so, Defendant D is liable to pay to Plaintiff B the delay damages calculated at the rate of 5% per annum under the Civil Act from June 14, 2016 to May 25, 2017, which is the day following the delivery date of the original copy of the instant payment order, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.
2. As to the claim for money stated in the cash custody certificate dated December 13, 2010
A. Comprehensively taking account of the respective descriptions of evidence Nos. 4 and 6 and the testimony of witness F, the Defendants shall pay to the Plaintiffs on December 13, 2010, the amount of KRW 118 million to the Plaintiffs, including G et al. at the time of the strike, and the amount of compensation for the facilities.
“The Defendants, who prepared and delivered a cash storage certificate, received the above compensation on or around November 14, 2012, and can be found to have repaid KRW 80 million to the Plaintiffs on November 14, 2012, barring any special circumstance, the Defendants are jointly and severally liable to pay the remainder of KRW 38 million to the Plaintiffs and damages for delay.
B. As to this, the Defendants first invested the said cash storage certificate in the Republic of the Philippines mine with the introduction of Defendant D.