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1. The Defendants are jointly and severally liable to the Plaintiff for 250,000,000 won and the period from October 31, 2018 to January 28, 2019.
Reasons
1. Facts of recognition;
A. Upon receipt of a request from Defendant B and C to lend KRW 250,000,000 for one month, the Plaintiff transferred the sum of KRW 250,000,000 on June 3, 2006, and KRW 250,000,000 on June 7, 2016 (hereinafter “instant loan”) to the new bank account in the name of Defendant C (Account Number: E).
On June 7, 2016, Defendant B prepared and awarded to the Plaintiff a certificate of custody that the Plaintiff is in custody of KRW 250,000,000.
B. However, even though Defendant B and C decided to repay the instant loan, Defendant B and C did not pay the instant loan, the Plaintiff sent a certificate of demand to repay the instant loan to Defendant B and C on February 13, 2017, and Defendant B and C filed a criminal complaint on March 19, 2018.
C. Defendant B requested the Plaintiff to withdraw the above criminal complaint. On August 9, 2008, the Plaintiff was jointly and severally prepared by Defendant D with the Defendants to repay KRW 250,000,000 from October 30, 2018, and then withdrawn the above criminal complaint on August 14, 2018.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 through 6 (including each number in the case of additional number), the purport of the whole pleadings
2. According to the above facts of determination, the Defendants are jointly and severally obligated to pay to the Plaintiff the amount of KRW 250,00,000 and the amount of KRW 15% per annum under the Civil Act from October 31, 2018 to January 28, 2019, the delivery date of a copy of the complaint of this case, which is the day following the due date prescribed in the letter of agreement of this case. From January 29, 2019 to May 31, 2019, the amount of five percent per annum under the Civil Act, from January 29, 2019 to May 31, 2019, the provisions on the special law on the promotion, etc. of Legal Proceedings, the provisions on statutory interest rate of the main sentence of Article 3(1) of the former Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (amended by Presidential Decree No. 29768, May 21, 2019).
3. The plaintiff's conclusion