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1. Defendant B’s 60,000,000 won and the interest rate of 15% per annum from June 4, 2016 to the date of full payment.
Reasons
1. Facts of recognition;
A. Upon D’s request, the Plaintiff transferred KRW 50,000,000 to Defendant C’s spouse’s bank account on September 24, 2015, and KRW 10,000,000 on October 5, 2015.
(hereinafter “instant loan”). (b)
D On November 16, 2015, a written undertaking to pay to the Plaintiff the sum of KRW 50,000,000 on September 24, 2015 and KRW 60,000,000 on October 15, 2015, which was deposited by the Plaintiff in C’s account designated by him, to the Plaintiff by November 30, 2015.
On December 29, 2015, Defendant B prepared a joint and several surety stating that “When D is unable to repay KRW 60,000,000 borrowed from the Plaintiff by December 31, 2015, Defendant B shall be jointly and severally liable with D, if D is unable to repay all the obligations it should bear and bear.”
(hereinafter “this case’s joint and several sureties”). 【The ground for recognition” does not have any dispute, Gap evidence No. 1, Gap evidence No. 2, witness D’s partial testimony, and the purport of the whole pleadings.
2. Claim against the defendant B
A. According to the above facts finding as to the cause of the claim, Defendant B agreed to pay the Plaintiff the instant loan jointly with D, and barring any special circumstance, Defendant B is obligated to pay the Plaintiff KRW 60,000,000 and damages for delay.
B. Defendant B’s assertion and judgment 1) D, on September 24, 2015, leased the Plaintiff’s construction business license and entered into a contract with Defendant E (hereinafter “E”) on the construction of production and support facilities for the F Ground E (hereinafter “instant construction”) at Yangju-si, and used the bank account under the Plaintiff’s name while performing the instant construction.
D A. On May 4, 2015 and July 3, 2015, Defendant B borrowed KRW 60,000,000 in total, each of the KRW 30,000,000,000 from Defendant B. 85,000,000 received as the instant construction contract deposit from E as the bank account in the Plaintiff’s name, and Defendant B received as the bank account in the Plaintiff’s name.