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1. The defendant shall grant the plaintiff A KRW 31,285,714, and KRW 20,857,143, respectively, and each of them from September 21, 2005.
Reasons
1. Grounds for recognition;
A. On September 6, 2004, the Defendant borrowed KRW 45,000,000 from E on December 31, 2004, setting the repayment period as 3% per month, respectively.
B. The F agreed on September 23, 2004 to pay the Defendant KRW 73,000,000 by September 20, 2005.
C. On December 31, 2008, the Defendant transferred F’s claim for the above agreed amount to F for the repayment of the above borrowed amount to E on December 31, 2008, and jointly and severally guaranteed the above agreed amount claim.
E filed a lawsuit against F to seek payment of the above agreed amount as the transferee of the above agreed amount claim under the Busan District Court 2009Kadan16638, the Busan District Court 2009Gadan1638, and the Busan District Court dong District Court 2009 ordered F to pay E the above agreed amount of KRW 73,000,000 and the amount of money calculated at the rate of 20% per annum from September 9, 2009 to the date of the payment. The above decision became final and conclusive around that time.
E. On October 14, 2014, E died with Plaintiff B and C, a spouse of Plaintiff A and his/her children.
【Identification Evidence】 Facts without any dispute, entry of Gap's 1 through 7, 10, 14, 15, and the purport of the whole pleadings
2. Determination
A. According to the facts of the determination as to the cause of the claim, among the principal of the claim under the above contract amount against E, the plaintiff A has the obligation to pay the plaintiff A 31,285,714 won (=73,00,000 won x 3/7,000 won x less than won) and the plaintiff B, and C 20,857,143 won (=73,000,000 x 2/7,00 won x below won) respectively. As a joint guarantor of the above contract amount claim, the defendant has the obligation to pay the plaintiff A 20,857,143 won and each of them 20,857,143 won and 20,857,143 won from September 21, 2005, which is the day following the date of payment of the above contract amount to December 4, 2015, 5% of the annual interest rate prescribed by the Civil Act.
The plaintiffs are joint and several sureties by the defendant.