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1. The Defendant’s KRW 68,369,863 as well as the Plaintiff’s annual rate of 5% from September 10, 2013 to February 6, 2015, and the following.
Reasons
1. Basic facts
A. On April 25, 2011, the Plaintiff respectively lent KRW 30 million to C, and KRW 20 million to D on July 15, 2011.
B. On August 5, 2011, the Plaintiff lent KRW 100 million to E by the Defendant’s mother. E promised to repay the Plaintiff’s above loan KRW 100 million, KRW 30 million, and KRW 250 million, including the Plaintiff’s loan KRW 20 million, to the Plaintiff in total, KRW 250 million, and the Plaintiff borrowed the above amount in full, “250 million (including honorarium 100 million), and the period for return was December 31, 201 (hereinafter “the instant loan certificate”).
C. On May 7, 2012, the Plaintiff drafted to E a written confirmation to the effect that “E would waive the remainder of KRW 50 million if it repaid by June 30, 2012.” On the same day, E shall pay the Plaintiff KRW 100 million out of KRW 250 million up to May 31, 2012, and (2) the remainder shall be repaid by June 30, 2012, and (2) the payment shall be made up to June 30, 2012, and the Plaintiff shall undertake to receive KRW 200 million upon the implementation of paragraph (2).”
E paid KRW 100 million to the Plaintiff on June 1, 2012.
E. On October 17, 2012, the Defendant: (a) prepared a performance certificate stating that the Defendant’s mother’s obligation KRW 150 million to the Plaintiff was jointly and severally guaranteed by the Defendant’s mother’s mother to repay the Plaintiff by February 28, 2013 (hereinafter “instant confirmation certificate”); and (b) signed the instant confirmation document as the observer and E and G.
[Based on Recognition - Unsatisfy Facts, Gap evidence 1 through 5, Eul evidence 1 and 2 (including paper numbers), the purport of the whole pleadings]
2. Determination
A. The Plaintiff’s assertion that the Defendant jointly and severally guaranteed the Plaintiff’s debt owed to the Plaintiff, and thus, the Plaintiff’s remaining principal of the loan remainder after E repaid to the Plaintiff is KRW 50,000,000,000,000 for the agreed interest, and KRW 150,000.