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1. The Defendants jointly and severally pay to Plaintiff A KRW 619,87,785 and KRW 615,54,045 among them.
Reasons
1. Basic facts
A. Defendant C, the representative director of Defendant D Co., Ltd. (hereinafter “D”), entered into a land sales contract on July 31, 2008 with respect to two parcels, including Gyeongbuk Tourism Development Corporation, and Gyeong-si, and Gyeong-si, Inc. on the said land. After obtaining a construction permit for sales facilities on the said land, Defendant C intended to obtain profits from selling the said land to large distributors, etc., but the said land sales contract was cancelled due to the failure to pay any balance.
B. Defendant C borrowed money from the Plaintiffs on the pretext of the payment and operation of the land sales contract price for Defendant D.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 4 and 6, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiffs asserted 1) The Plaintiff loaned KRW 500 million to Defendant C on January 26, 201 to Defendant C at the maturity of February 26, 2010, and KRW 500 million on February 26, 2010, with the maturity of KRW 26 billion on April 26, 2010, and KRW 50 million on interest, respectively. Defendant D guaranteed each of the above loan obligations. (2) The Plaintiff Company guaranteed the Defendant C’s joint and several liability of KRW 5 million on December 3, 2010, KRW 86 million on January 31, 201, KRW 200 million on April 30, 201, KRW 500 on April 1, 201, KRW 200,000 on April 5, 2012, KRW 300,500 on May 31, 201, respectively.
B. The Defendants’ assertion 1) Defendant C borrowed KRW 100 million from the Plaintiff on January 25, 2010 and KRW 600 million on February 26, 2010 from the Plaintiff, respectively, and agreed to pay the Plaintiff the interest accrued to the Defendant C upon the sale of the said land. (2) Defendant C agreed to pay KRW 25 million to the Plaintiff for the loan of KRW 500 million to the Plaintiff, and KRW 20 million for the above loan of KRW 200 million, respectively, shall be paid to the Plaintiff A on the basis that the Plaintiff A borrowed the above KRW 70 million from the Plaintiff.
3) Defendant C repaid Plaintiff A the principal amount of KRW 190,000,000, out of the loans worth KRW 700,000,000 as listed below. The amount by the Notarial day (original 26, 26, 26,000, 25,000, 200 March 29, 2010) is as follows.