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1. Defendant B’s KRW 200,757,00 for the Plaintiff and KRW 5% per annum from April 15, 2016 to December 1, 2017.
Reasons
1. Basic facts
A. Defendant B delegated the above duties to the Plaintiff who worked as the secretary of the attorney’s office in order to obtain a successful bid on the land and four parcels of land and factory buildings outside Chuncheon City.
B. Defendant B decided to borrow money from Defendant B, who is the Plaintiff’s spouse, to whom the said real estate is short of funds to receive a successful bid. In this case, Defendant B demanded Defendant B to secure the repayment of the said loan claim, and Defendant C, who is the spouse of the Plaintiff and Defendant B, to guarantee the joint and several liability.
Accordingly, on March 15, 2005, Defendant B prepared and delivered the loan certificate (No. 1; hereinafter “the loan certificate of this case”) prepared with the following content as the Plaintiff on March 15, 2005. The above loan certificate does not specify the obligee. The seal of the Defendants’ name is affixed to each side of the above loan certificate.
on March 15, 2005 (the date of payment shall be 12 months from the date of borrowing, the monthly interest rate shall be 3%, and the date of payment of interest shall be 15% per month) the Defendant B guarantor Defendant C
C. On March 16, 2005, the day following the date on which the instant loan certificate was drawn up, the Plaintiff drafted and delivered to E a letter of guarantee (Evidence A 5) on the loan money stating that “to guarantee that Defendant B will fully assume the responsibility for all obligations related to the principal and agreement of KRW 200 million borrowed money.”
E, on March 16, 2005, drawn up and issued a guarantee for the above borrowed money, lent KRW 200 million to Defendant B through a passbook in the name of the Plaintiff.
E. The Plaintiff paid 231,874,000 won in total over 123 times from October 14, 2005 to February 17, 2015, as shown in the attached Table, to E.
In addition, with respect to the land and factory buildings owned by Defendant B at the auction, the auction procedure of real estate is to be run by Chuncheon District Court F in relation to the land and factory buildings.