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1. The Plaintiff:
A. The Defendant (Appointed Party) and the Defendant jointly and severally shall be jointly and severally liable for KRW 20 million and the aforementioned amount from September 15, 2019.
Reasons
1. Determination on the cause of the claim
A. If the purport of the entire argument is added to the evidence Nos. 1 through 4 against Defendant C, the Plaintiff may acknowledge the fact that the Plaintiff lent money to Defendant C as indicated in the following table, so Defendant C is liable to pay to the Plaintiff the amount of KRW 60 million and the delay damages from the day following the day of each repayment to the day of full payment.
The loan certificate No. 1 320,000,000 won as of September 14, 2019. 14, 2019. 20,000 won as of September 14, 2019. 32,000 won as of July 4, 2019. 10,000 won as of October 4, 2019. 34,00,000 won as of October 31, 2019. 34,000 won as of August 12, 2019, as of August 12, 2019.
The aggregate of Gap evidence No. 1-1, 200 million won on December 12, 2019 60 million won
B. If the purport of the entire pleadings is added to the evidence No. 1-3 against Defendant D, Defendant D is recognized as jointly and severally guaranteed for the obligation of borrowing KRW 20 million No. 1 No. 20 million. Thus, Defendant D is jointly and severally liable with Defendant C to pay the Plaintiff KRW 20 million and its delay damages.
C. The Plaintiff asserted that the designated parties jointly and severally guaranteed the Defendant C’s debt Nos. 2 through 4 out of the loans, but there is no evidence to acknowledge this (each loan certificate is written by the Plaintiff and the Defendant C, and the designated parties did not sign or affix their seals, and the Plaintiff also did not confirm the intent of joint and several sureties from the designated parties). The designated parties are not liable to the Plaintiff as the guarantor.
Therefore, the Defendants are jointly and severally liable to the Plaintiff. From September 15, 2019 to September 23, 2020 to September 23, 2020 to the delivery date of a copy of the complaint of this case; from March 18, 2020 to the Defendant D, 5% per annum under each Civil Act until March 18, 2020; and from the next day to the date of full payment, 12% per annum under each Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings.