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1. Defendant B: 96,293,812 Won and one of them to the Plaintiff
A. From August 9, 2019 to February 20, 2020, KRW 90,000.
Reasons
1. Basic facts
A. On October 4, 2016, the Defendants borrowed KRW 5,00,00 from “D”, “D”, and KRW 5,000,00 from “E” respectively in the name of Defendant B, and around that time, the Plaintiff jointly and severally guaranteed the Defendants’ respective obligations to borrow money.
B. As between January 24, 2017 and February 27, 2019, the Plaintiff paid KRW 728,164 in total to “D” and KRW 5,565,648 in total to “E” during the period from January 24, 2017 to March 4, 2019.
C. On October 6, 2016, the Plaintiff lent KRW 50,000,00 to Defendant B, KRW 30,000,000 on January 31, 2017, and KRW 10,000 on February 6, 2017, respectively, without fixing the repayment period.
[Ground of recognition] between the plaintiff and the defendant B: Each entry in Gap evidence 1 through 3 and 6, the purport of the whole pleadings, and between the plaintiff and the defendant C: The non-contentious facts, Gap evidence 1 through 3 and 6, and the purport of the whole pleadings
2. The plaintiff's assertion
A. As a joint and several surety, the Plaintiff paid the Defendants’ respective loans to the Defendants’ “D” and “E”, the Defendants are jointly obligated to pay the Plaintiff a total of KRW 6,293,812 (= KRW 728,164, KRW 5,565,648) and damages for delay.
B. On October 6, 2016, the Plaintiff lent KRW 50,000,00 to the Defendants, and the Defendants are jointly obligated to pay the Plaintiff the said KRW 50,000,000 and the damages for delay.
C. As the Plaintiff respectively lent KRW 30,000,000 to Defendant B on January 31, 2017, and KRW 10,000,000 on February 6, 2017, the Plaintiff is obligated to pay the Plaintiff KRW 40,000,000 (= KRW 30,000,000) and damages for delay.
3. According to the above basic facts as to the claim against Defendant B, the Plaintiff, a joint and several surety, repaid the Defendants’ respective loans in total of KRW 6,293,812, and the Plaintiff lent KRW 90,000,000 to Defendant B without fixing the due date. Thus, Defendant B, as a joint and several surety, may be acknowledged.