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1. The Defendants jointly and severally pay KRW 121,694,515 to the Plaintiff.
2. The plaintiff's remaining claims are dismissed.
3...
Reasons
1. Facts of premise;
A. Terms and conditions of the loan (original payment of soup dividends) on the date of lending No. 100,500,000 from May 3, 201, 201 under the name of the due date for repayment (purposes) of the loan (the original payment of soup dividends) to be made on December 30, 2011, the Plaintiff lent money to the Defendant C in the following terms and conditions as follows:
(hereinafter referred to as "1 to 3 loans" in sequence by the sequence; (b)
around November 2013, Defendant C, including a letter of payment, prepared and awarded to the Plaintiff a letter of payment (Evidence A7) with the following content:
1. Each letter (Defendant C) borrowed 380 million won from your (Plaintiff) over three occasions, and paid 40 million won out of 585 million won out of the set soup dividends agreed, and did not pay the remainder 545 million won.
2. Each letter will pay “432.5 million won” as a lump sum payment until December 20, 2013 of the loan principal and soup dividends.
3. Each letter will continue to perform the above repayment date and, if he fails to perform the repayment date or make a lump sum payment, will invalidate the performance and be subject to any criminal punishment.
Defendant B affixed a joint and several surety seal on the above payment note, and on the other hand, the Defendants agreed to pay the Plaintiff KRW 432.5 million by December 20, 2013, separately from the above payment note (Evidence B No. 1).
C. It is true that Defendant C’s reimbursement of KRW 40 million to the Plaintiff around November 30, 2013 is confirmed by both parties (Evidence A7) 1.
However, there is no evidence of assertion on the date of repayment, and it is deemed that the payment was made on November 30, 201 at the time of preparation of a written rejection of payment.
On June 2, 2014, KRW 100 million was paid to each other, and Defendant B paid KRW 100 million to the Suwon District Court on January 30, 2015.