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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 418,830,00 and KRW 300,000,000 among them, from March 1, 2017.
Reasons
On June 2, 2014, the Plaintiff leased KRW 200,000,00 to Defendant B on or before the due date for payment on October 2, 2014, and KRW 2% of interest (payment on September 1, 2014). The Plaintiff, on September 25, 2014, lent KRW 100,000 to Defendant B on or after the due date for payment on or after December 31, 2014, the Plaintiff agreed to fully repay the total amount of loans as KRW 300,00,000 with the preceding loan at KRW 20,000,000 with the interest rate on December 31, 2014; Defendant C, the husband of Defendant B, at the time of the above agreement, did not dispute between the Defendants as well as the Defendants’ joint and several liability as the interest rate of KRW 300,00,00,00 with respect to the above loan, and the Plaintiff did not dispute between the Defendants.
From June 2014 to September 4, 2014 (4 months) - 16,00,000 won - 300,000,000 won from October 2014 to February 2015 (5 months) - 30,000,000 won - 25,170,000 won from March 2015 to February 2017 (24 months) x 118,830,000 won in total, 71,170,000 won in total and 118,170,000 won in total, 118,830,830,830,000 won in total and 200,308,000 won in total among the above principal and unpaid interest of the Plaintiff (i.e., 200,300,000 won in total and 3008,3008.
The Defendants’ assertion is alleged to the effect that the above loan obligations are recognized by the Defendants itself, but they are not able to repay them. However, such circumstance alone does not lead to the Defendants’ exemption from the above loan obligations against the Plaintiff. Therefore, the Defendants’ assertion is without merit.
Therefore, the plaintiff's claim of this case against the defendants is justified, and it is so decided as per Disposition with the assent of all participating Justices.