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1. The Plaintiff:
A. Defendant A shall complete payment of KRW 55,009,995 and KRW 28,890,648 among them from November 15, 2016.
Reasons
1. Facts of recognition;
A. The Plaintiff is a company running a credit business, and Defendant A and B are the clerical staff of C, who are certified judicial scrivenerss, and are in exclusive charge of individual rehabilitation, individual bankruptcy, etc.
B. On April 12, 2013, the Plaintiff entered into a contract with Defendant A on November 5, 2013, with each of the Defendant B (hereinafter “instant contract”). The main content is that: (a) the Plaintiff (a) lent the fees to the individual rehabilitation and the clients of the bankruptcy case that the Defendants accepted; (b) however, (c) the Plaintiff directly transfers the fees to each account of the Defendants, who is not the client, and (d) the Defendants are liable for joint and several liability with respect to the loans (principal and damages for delay) that the clients have to return to the Plaintiff.
(A1-1, 1-8). (c)
According to the instant contract, the Plaintiff lent the amount equivalent to the commission fees to the clients for individual rehabilitation and individual bankruptcy, and when examining the principal and interest of the loan not recovered as of November 14, 2016, the amount loaned under the Defendant’s joint and several surety is KRW 60,204,95, as indicated in attached Table 1 (i.e., the principal amount of KRW 28,890,648, Nov. 14, 2016) (i.e., damages for delay by November 14, 2016). The amount loaned under the Defendant’s joint and several surety is KRW 87,407,407 (i.e., the principal amount of KRW 317,674, Nov. 14, 2016).
[Reasons for Recognition] Facts without a partial dispute, entry of Gap 1 through 3 (including each number), the purport of the whole pleadings
2. According to the above facts of recognition, Defendant A, a joint and several surety, has an obligation to pay to the Plaintiff 60,204,995 won and 28,890,648 won among them, and Defendant B, a joint and several surety, with 877,407 won and 317,674 won a year from November 15, 2016 to the date of full payment, which is the day following the day of calculating the final damages for delay.
As to this, the defendant A is the above defendant.