beta
Text
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 25,00,000 and KRW 15,000,000 among them, from October 3, 2014, and KRW 10,000.
Reasons
1. Facts of recognition;
A. The Plaintiff loaned to Defendant B, KRW 15 million on July 3, 2013, KRW 2.5 million on the due date, KRW 2.5% on October 3, 2013, and KRW 13,000 on January 13, 2014 on the due date and KRW 2.5% on July 13, 2014.
B. Nonparty D, his/her father, Defendant B, and Defendant B, paid interest on the borrowed money 14 times from June 24, 2013 to August 25, 2014, and repaid interest on the borrowed money eight times from January 13, 2014 to September 15, 2014.
C. On November 3, 2014, Defendant C jointly and severally guaranteed the repayment obligation of KRW 25 million with respect to each of the above loans owed by Defendant B, while the repayment of each of the above loans was in arrears.
[Reasons for Recognition] Defendant B: The non-contentious facts, Gap 1-1 to 1-3, 2, 3, 6, 7, 8, and 9, and the purport of the whole pleadings, as a whole, defendant C: Confession (Article 150 of the Civil Procedure Act)
2. The assertion and judgment
A. According to the facts of the determination as to the cause of claim, the interest amounting to KRW 15 million on the loan amounting to KRW 15 million on July 3, 2013 of the instant case was paid until September 2, 2014 (14 months) and the interest amounting to KRW 10 million on the loan amounting to KRW 10 million on January 13, 2014 of the instant case was paid until September 12, 2014 (8 months), barring any special circumstance, Defendant B is a primary debtor, and Defendant C is jointly and severally and severally liable to pay KRW 25 million to the Plaintiff as a joint guarantor and jointly and severally liable to pay the Plaintiff KRW 15 million at the rate of interest rate of KRW 15 million from October 3, 2014 to July 3, 2013, and damages for delay calculated by the Plaintiff from September 13, 2014 to 200, respectively.
B. As to the Defendant B’s assertion (1), Defendant B did not borrow money from the Plaintiff as of January 13, 2014, but Defendant B’s husband and wife Nonparty E and Dong name on May 13, 2013.