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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 145,489,528 as well as 5% per annum from June 4, 2019 to September 10, 2020.
Reasons
1. Facts of recognition;
A. The Plaintiff is a person who became aware of in the course of social life with Defendant D, and Defendant B is his father and wife, and Defendant C is his fraud.
B. The Plaintiff borrowed KRW 30,000,000 from the Defendants on September 30, 2010 (on November 30, 2010), KRW 60,000,000 (on October 8, 2010), October 8, 2010; KRW 50,000,000 (on October 14, 2010), October 14, 2010 (on December 14, 2010), and then borrowed KRW 40,00,000,000 on October 222, 2010, and was paid interest of KRW 180,00,000 on February 22, 201, and the Defendants were affixed with their joint and several surety’s signature or seal affixed to the loan certificate as joint and several surety.
C. Since then, the Defendants paid to the Plaintiff the amount indicated in the attached Table column from February 13, 2011 to June 3, 2019, as shown in the attached Table.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 to 6 (including additional number), the purport of the whole pleadings
2. Determination:
A. According to the above facts, the defendants are jointly and severally liable to pay a loan to the plaintiff. However, the facts that the defendants paid the loan as stated in the attached Table column are clear in the calculation that each of the above payments is insufficient to extinguish the loan obligations as of the date of payment. Therefore, each of the above payments shall be appropriated in the order of statutory appropriation for performance. As the plaintiff seeks, with respect to 180,000,000 won as of October 23, 2010, which is the date following the last loan, to the interest and principal calculated at the rate of 5% per annum as stipulated in the Civil Act from the date following the date of the last loan to June 3, 2019, the amount shall be appropriated for the interest and principal calculated at the rate of 132,930,05 won as of June 3, 2019, and interest 12,59,523 won as of June 22, 2019 as stated in the attached Table (i.e., the defendants shall be jointly and severally determined to the plaintiff 145,5,4,298,29.30.