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1. The Plaintiff:
A. As to the defendant C's KRW 44,600,000 and its KRW 10,000 among them, it shall be from December 1, 2005 to KRW 34,600.
Reasons
1. Determination as to the claim against Defendant C and B
A. In full view of the purport of the argument in Gap's evidence No. 2 (the defendant Eul denies the authenticity, but the authenticity is recognized according to the appraiserF's appraisal result), as to the primary claim, the plaintiff lent KRW 40,000 to defendant C on December 12, 2005 and the maturity for payment was set on June 30, 2006; the defendant C jointly and severally guaranteed the above obligation at the time of the above borrowing; the plaintiff lent KRW 10,000,000 to the defendant C on December 1, 2005; thus, the defendants are liable to pay each of the above money and damages for delay, unless there are any special circumstances.
(1) The plaintiff asserted that the defendant B guaranteed 10,000,000 won of the loan on December 1, 2005, but it is not sufficient to recognize the above only with the entries of the evidence Nos. 5 and 6. The plaintiff's above assertion is without merit.
Defendant C’s defense of payment of the debt amounting to KRW 28,200,000 on 34 occasions from May 31, 2004 to July 10, 2006.
In full view of the overall purport of the pleadings, evidence Nos. 5 and 6, Defendant C’s repayment defense is deemed to have been repaid with the principal amounting to KRW 40,000,000 on Jan. 5, 2006, KRW 100,000 on Feb. 24, 2006, KRW 500,000 on May 31, 2006, and KRW 3,800,000 on Jul. 10, 2006, but the previous assertion on the payment details cannot be recognized as the repayment details on KRW 40,00,00 on or before the loan date. Thus, Defendant C’s repayment defense is justified within the aforementioned scope of recognition.
C. Ultimately, as to the Plaintiff’s KRW 44,600,000 and KRW 10,000 among them, Defendant C has a considerable dispute over the scope of obligation from December 1, 2005 to July 10, 2006, respectively, as to the scope of obligation from July 29, 2014 to the date of this decision, and KRW 20% per annum as prescribed by the Civil Act, respectively, from the following day to the date of full payment.