1. The Defendants shall jointly and severally pay to the Plaintiff KRW 40,000,000 and the interest rate thereon from November 28, 2014 to the date of full payment.

Facts of recognition

Defendant B was the Plaintiff, “Defendant C is a truck transport business operator, which is necessary to pay taxes imposed on the truck.”

Accordingly, on November 27, 2014, the Plaintiff decided to lend KRW 40,000,000 (hereinafter “instant loan”) to Defendant B for a fixed period of 2.5% per month and as of April 30, 2015, and deducted KRW 1 million per prior interest, and paid KRW 25,000,000 per month to Defendant B.

According to the fact that there is no dispute (based on recognition), the entries in Gap evidence 1 through 4, 6, and 8, and the overall purport of the pleadings, the defendant B is obligated to repay the loan of this case and its interest or delay damages to the plaintiff.

The Plaintiff at Defendant C’s responsibility asserted that Defendant C concurrently assumed the obligation of the instant loan and sought the performance of the said obligation against Defendant C.

Considering the following circumstances acknowledged by the aforementioned evidence and evidence Nos. 5 and 7, namely, ① the Defendants are married and wife, Defendant B borrowed the instant loan from the Plaintiff to resolve the Defendant’s tax liability, ② Defendant C, on April 26, 2016, stated that “on the part of the Plaintiff’s husband D, she would pay the instant loan if the house is sold, she would pay the instant loan.” At least on April 26, 2016, Defendant C concurrently assumed the instant loan obligation.

Therefore, Defendant C is jointly and severally liable for the repayment of the loan as the joint acquirer of the instant loan with Defendant B.

In conclusion, the Defendants are jointly and severally liable to the Plaintiff with interest calculated at the rate of 25% per annum as they seek within the agreed interest rate from November 28, 2014 to the date of full payment, which is the following day of the loan.