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1. The Plaintiff:
A. The Defendants shall jointly and severally pay KRW 10,000,000 and all of them from July 26, 2016.
Reasons
1. Determination as to the cause of claim
A. 1) On October 1, 2013, the Plaintiff lent KRW 10,000,000 to Defendant B, and Defendant C jointly and severally guaranteed the obligation to return the loan to Defendant B. 2) The Defendants subscribed to the number fraternity operated by the Plaintiff from July 20, 2012 to March 20, 2014 (hereinafter “instant fraternity”).
The above fraternity is operated in the form of an additional payment of KRW 100,000,000 for monthly payments, and KRW 21 for the month in which the Gu shares, and KRW 100,000 for the month in which the payment of the fraternity is made.
3) On August 21, 2012, the Plaintiff deposited KRW 9,500,000 into the Defendant C’s account. On July 20, 2013, Defendant B received the mutual aid payment of KRW 1,200,000 from the Plaintiff’s account, and prepared a document (Evidence A8) stating that it shall pay KRW 1,20,000 per month until March 20, 2014, and Defendant C signed and delivered the said document to the Plaintiff. 3) The Defendants did not pay KRW 5 months after receiving the mutual aid payment.
[Reasons for Recognition] Facts without dispute, Gap 1 to 3, 7, 8, and 12 each entry, the purport of the whole pleadings
B. According to the above facts of determination, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 10,000,000 and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from July 26, 2016 to the date of full payment, which is obvious that the duplicate of the claim of this case and the application for modification of the cause of claim were served on the Defendants, as sought by the Plaintiff.
In addition, the Defendants are obligated to pay the amount of KRW 600,000 per month from the day following the receipt of the fraternity of this case. As such, the Defendants are obligated to pay the amount of KRW 3,00,000 each for five months unpaid and the damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Settlement of Accounts from July 26, 2016 to the day of full payment, as sought by the Plaintiff.
2. The parties’ arguments.