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1. The Defendants are jointly and severally liable to the Plaintiff for 21,50,000 won and the period from August 1, 201 to August 27, 2015.
Reasons
1. Basic facts
A. On October 1, 2010, Defendant B drafted a letter of payment (Evidence 2) stating that “62,00,000 won shall be paid to the Plaintiff, but KRW 3,000,000 among them shall be paid on October 1, 2010; KRW 10,000,000 shall be paid on October 2, 2010; and KRW 49,000,000 shall be paid on October 8, 2010.”
B. Defendant B would pay KRW 44,00,000 borrowed from the Plaintiff on February 12, 201 to the Plaintiff by July 30, 2011.
“,” written a note of payment (No. 1) to the effect that the borrower is named as Defendant B and the surety as Defendant C.
C. The plaintiff and the defendants are above A.
paragraphs 1 and 2.
interest on the loans described in subsection (d) has not been agreed.
The Defendants are married couple.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff lent KRW 67,00,000 to the Defendants. The Defendants repaid KRW 38,600,000 among them.
Therefore, the Defendants are liable to pay KRW 23,400,000, which deducts the Defendants’ repayment amount of KRW 38,600,000 from KRW 62,00,00 as stated in the note of payment (Evidence A 2). Accordingly, the Defendants seek payment of KRW 21,50,000 among them.
B. Defendants 1) The letter of payment (Evidence A1 and 2) written by Defendant C (Evidence A) is different from the fact that Defendant C, who is well aware of the loan amount to the Plaintiff, was forced by the Plaintiff in the event that Defendant C escaped due to default on payment on February 201, 201. (2) Defendant C borrowed KRW 50,000,000 from the Plaintiff at the beginning of 2010 and repaid KRW 50,60,000 from March 3, 2010 to December 3, 2013, Defendant C’s obligation to the Plaintiff was entirely extinguished.
After February 201, 201, the amount of repayment on the date of repayment after February 301, 201, which was KRW 5 million on March 19, 201, KRW 5 million on August 10, 201, KRW 5 million on October 4, 2011, KRW 200 million on September 3, 201, KRW 300,000,000 on October 30, 201, KRW 26 million on October 30, 2010, KRW 26 million on October 30, 2013; KRW 2 million on December 3, 201, KRW 200,000 on December 3, 2013; and KRW 1 million on October 1, 201, KRW 1000,000,000 on October 1, 201.