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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 79,01,726 and KRW 79,00,000 among them, from June 4, 2010 to July 25, 2018.
Reasons
1. Facts recognized;
A. The Plaintiff, from around 2003, lent money to Defendant B and C several times.
B. The Plaintiff, through E on August 6, 2007, agreed with Defendant B and C as follows.
(A) The Plaintiff agreed that the Plaintiff’s name was E at the time of the agreement, but the actual party to the agreement and the subject to whom the agreement was effective, was the Plaintiff, and there was no dispute between the parties to the agreement. In other words, the Plaintiff agreed that the amount loaned to Defendant B and C during that period and the amount paid by the Defendants as interest shall be adjusted, the principal of the loan shall be agreed at KRW 79 million, the due date shall be August 5, 2009, and the interest shall be KRW 400,000 per month until December 30, 2007, and the interest shall be paid at the interest rate of KRW 1% per month thereafter, and if the payment of interest was delayed twice or more, the interest shall be paid at the interest rate of KRW 400,00 per month, and shall be paid at the interest rate of KRW 1% per month.
(hereinafter referred to as “the first agreement”) c.
On October 12, 2012, the Plaintiff, via E, agreed on the termination of debt with Defendant D and joint and several sureties with the following terms:
In other words, the Defendants paid the total amount of KRW 25 million (3 million as down payment on the day above, and KRW 22 million per month over the period from November 29, 2012 to 22 months), and the performance of the obligations under the first agreement is completed. However, in the event that the above installment repayment obligation is in arrears on two consecutive occasions, the performance was to be made according to the first agreement at first, and the Defendant D agreed to stand as joint and several surety each of the above payment obligations.
(hereinafter referred to as “the second agreement”). D.
The Defendants paid 20,020,000 won to the Plaintiff on October 12, 2012, which is on the day by the second agreement, including the payment of 3 million won to the Plaintiff on October 29, 2015, but thereafter, did not fully pay the said installment amount.
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1- 3.