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1. Defendant C and D shall jointly and severally pay to the Plaintiff KRW 40,000,000 and the interest thereon from September 21, 2014 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff agreed to lend money to Defendant D, C, and the said Defendants to receive interest or profit, and then transferred KRW 40 million in total to the bank account of Defendant B, upon the said Defendants’ request, KRW 30 million and KRW 10 million (However, as at the time of the second deposit, KRW 10 million and KRW 14 million were the Plaintiff’s money, and the remainder of KRW 14 million was the Plaintiff’s money).
B. Defendant B fishery partnership corporation had a large number of money transactions with Defendant C while engaging in the Defendant C’s business of importing fish products on its behalf. However, upon the Plaintiff’s request from Defendant D and C, the money transferred from the Plaintiff was transferred to Nonparty E and the F’s account in relation to the Defendant C’s business of importing fish products from June 19 to June 21, 2014.
C. After the Plaintiff remitted money as above, on August 11, 2014, Defendant C paid interest or profit on KRW 40 million to the Plaintiff on August 30, 2014, and prepared and delivered a written statement of payment stating that the balance ( principal) shall be repaid on September 20, 2014, and if it is impossible to comply with the payment, the overdue interest calculated at the rate of 20% per annum from the following day shall be paid. Defendant D stated in the said written statement to the effect that Defendant C’s joint and several liability is jointly and severally guaranteed.
Defendant D transferred KRW 2.5 million to the Plaintiff’s bank account on August 31, 2014.
[Reasons for Recognition] Facts without dispute, Gap 1-1, 1-2, 2-2, 7, Eul 1, 2-1 to 2-12, Eul 1, 2-2, 3-1, and 3-2, and the purport of the whole pleadings
2. Determination as to the plaintiff's primary claim against the defendant C and D
A. According to the above facts finding as to the cause of the claim, Defendant C and D are jointly and severally liable to pay the Plaintiff a loan of KRW 40 million and damages for delay calculated at the rate of 20% per annum, which is the date following the agreed repayment date, from September 21, 2014 to the date of full payment.
(b).