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1. The Defendants are jointly and severally 35,000,000 won and 24% per annum from April 1, 2006 to February 11, 2014.
Reasons
1. Facts of recognition;
A. On March 31, 2006, the Plaintiff loaned money to Defendant B several times, and agreed that the amount of the loan shall be KRW 127,000,000 after settling the loan from Defendant B and the up to that time, and that Defendant B set the above loan amount at 2% per month.
B. After that, around September 27, 2006, Defendant C, the husband of Defendant B, entered into an agreement with the Plaintiff and Defendant C to pay KRW 127,000,000 to the Plaintiff of the above loan, on condition that, during the period from February 2007 to 25 months, Defendant C paid KRW 125,000,000 in total, monthly installments from February 2007 to 125,000 (hereinafter “instant agreement”).
C. Defendant C paid the Plaintiff totaling KRW 92,00,000 from February 28, 2007 to December 28, 2012 in accordance with the instant agreement.
[Recognition] Fact that there is no dispute, Gap evidence No. 1 (the part in the name of defendant C shall be excluded from the existence of evidence to prove the authenticity), Eul evidence No. 2 and 3, and the purport of the whole pleadings
2. According to the above facts, Defendant C is jointly and severally liable to pay to the Plaintiff the amount of KRW 127,00,000,000 as the loan debt of Defendant C with the Plaintiff pursuant to the instant agreement. Thus, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 35,00,000 remaining after deducting the amount of KRW 92,00,000 that Defendant C paid to the Plaintiff from the said loan debt of KRW 127,00,000 from the loan debt of KRW 127,00,000, and as the Plaintiff seeks, from April 1, 2006 until February 11, 2014, the date following the above loan is the last delivery date of the copy of the complaint of this case from April 1, 2006 to the date of the last delivery of the copy of the complaint of this case.
3. If so, the plaintiff's claim against the defendants is justified within the above scope of recognition, and each of the remaining claims is dismissed as it is without merit. It is so decided as per Disposition.