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1. Defendant D, E, and F Co., Ltd. are jointly and severally liable to Plaintiff A for KRW 37,166,275 and the aforementioned amount from October 12, 2013 to January 2014.
Reasons
1. Basic facts
A. On August 28, 2012, Plaintiff A, Defendant FF Co., Ltd. (hereinafter “Defendant F”), and Defendant FF Co., Ltd. (hereinafter “Defendant F”), Korea Law Firm, but as of December 12, 2007, “Defendant F bears the obligation of KRW 70 million against the Plaintiffs on December 12, 2007, and shall be paid by setting the interest rate of KRW 15% per annum and the due date of payment by August 31, 2013. Defendant F shall be jointly and severally and severally guaranteed by setting the guarantee limit of KRW 80 million and the due date of payment by August 31, 2013.”
B. On November 2, 2010, Plaintiff A entered Defendant F with H 4.5 tons Cargo Vehicles (hereinafter “instant vehicle”) owned by the said Plaintiff, and Defendant D, E, and F, without the Plaintiff’s consent on August 8, 2011, deposited Defendant D with Defendant D as a joint surety, with Defendant D’s obligor, Defendant E, and F loaned KRW 50 million from Nonparty Hyundai Social Co., Ltd (hereinafter “instant loan”) (hereinafter “instant loan”), thereby creating a mortgage on the instant vehicle at KRW 50 million with respect to Hyundai money’s claim amount.
C. In order to prevent the execution of mortgage established on the instant vehicle, Plaintiff A subrogated to Hyundai Socials on behalf of Defendant D, E, and F for the total amount of KRW 37,16,275 from September 28, 2012 to October 11, 2013.
Plaintiff
C concluded a consignment transport contract with Defendant F and transported cargo from July 1, 201 to February 29, 2012, and the transport amount of KRW 43,194,500 arose as the transport amount (hereinafter “instant transport amount”). Defendant F paid KRW 31,008,000 out of the transport amount until May 15, 2012.
E. Defendant F is each of the instant cases with Defendant G Co., Ltd. (hereinafter “Defendant G”) on or around February 22, 2012 and with each of the real estates listed in the separate sheet.