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1. Defendant C’s KRW 60,000,000 and the Plaintiff’s annual rate of KRW 5% from December 3, 2016 to December 7, 2017.
Reasons
1. In full view of the purport of the Plaintiff’s written evidence Nos. 9 and 12 as to the Plaintiff’s claim against Defendant C, Defendant C is indicted for committing a crime such as deceiving the Plaintiff and deceiving the Plaintiff a total of KRW 60 million on October 26, 2016, and KRW 60 million on November 9, 2016, and committing fraud at the court of first instance (Jinju District Court Decision 2017DaDa1363, 2018 Godan100, 100). It is recognized that Defendant C had been sentenced to imprisonment for one year, by filing an appeal against the said judgment, and that it is still pending in the appellate trial (Seoul District Court 2018No3162).
According to the above facts of recognition, Defendant C is obligated to pay to the Plaintiff the amount calculated by applying the rate of 5% per annum as stipulated in the Civil Act from December 3, 2016 to December 7, 2017, the delivery date of a copy of the complaint in this case, and 15% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the following day to the day of full payment.
Therefore, the plaintiff's primary claim against the defendant C is justified.
(A) The plaintiff asserts that the plaintiff's claim against the defendant B against the defendant is as follows.
In the first place, Defendant B, in collusion with Defendant C, deceiving the Plaintiff, is liable to compensate the Plaintiff for the amount of KRW 60 million jointly with Defendant C as a joint tortfeasor.
B. Preliminaryly, Defendant C agreed to pay to the Plaintiff the interest of KRW 60 million per month, and Defendant B guaranteed that amount. As such, Defendant C and the Plaintiff are jointly and severally liable to pay the amount of KRW 60 million and the amount calculated at the rate of KRW 4 million per month from December 3, 2016 to the date of full payment.
In this regard, Defendant B conspiredd with Defendant C on the sole basis of the evidence presented by the Plaintiff, thereby deceiving the Plaintiff.
It is difficult to view that Defendant B guaranteed Defendant C’s obligation to the Plaintiff.