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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On January 19, 2015, the Plaintiff transferred to D a total of KRW 90 million on two occasions, including KRW 50 million on January 20, 2015, KRW 50 million on two occasions, and KRW 40 million on two occasions on January 27, 2015.
B. On January 20, 2015, D and the Defendants prepared the following loan certificates (hereinafter “instant loan certificates”) and delivered them to the Plaintiff.
The loan certificate amount: 180,000,000 won shall be borrowed in full to E and shall be repaid until April 30, 2015.
The certificate of vehicle manufacture of PPP 125 "SP 125" (286,200,000 won at the market price) owned by the debtor as security for principal shall be transferred to the creditor until the repayment of the debt, and the above documents shall be returned at the time of repayment of the debt.
The interest rate on principal shall be paid at the rate of interest rate (public space) from January 20, 2015 to April 20, 2015, and the interest payment date shall be the 20th day of each month. If the principal cannot be fully repaid by April 30, 2015, the Pcooter’s “Scoot 125” provided as security is confirmed to have no objection to the civil or criminal disposition by the creditor at his/her discretion.
On January 20, 2015, Defendant B and C, a joint and several surety of the debtor D's above contents.
C. E filed a lawsuit against D and the Defendants for a loan claim of KRW 180 million and damages for delay, as this Court Decision 2016Gahap10123 and 10130 (combined). On August 22, 2017, the above court accepted the entire claim against E, but rendered a judgment dismissing all the claims against the Defendants on the grounds that the Defendants’ joint and several liability does not extend to E. The aforementioned judgment became final and conclusive on October 11, 2017.
【Ground of recognition】 The fact that there is no dispute, Gap's evidence Nos. 2-4, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The plaintiff is liable to the defendants as joint and several sureties.
B. However, there is a problem.