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1. The Defendants jointly committed against the Plaintiff KRW 42,148,897 and Defendant B from June 30, 2006 to February 5, 2015.
Reasons
1. Determination as to the cause of claim
A. The facts of recognition are as follows: (a) the Plaintiff received a cash custody certificate from the Defendants that the Plaintiff borrowed KRW 20 million on July 22, 2004 from the Defendants during a one-month interest period; and (b) the Plaintiff borrowed KRW 40 million on February 4, 2005 until March 15, 2005; (c) the Defendants lent each of the above money to the Defendants; (d) the Defendant C borrowed the money from the Plaintiff on August 31, 2005; (e) the Plaintiff borrowed KRW 96 million on July 22, 2004 from the Plaintiff; (e) the Plaintiff received KRW 20 million on September 30, 2005 from October 30 to May 30, 2005; and (e) the Plaintiff was unable to pay the remainder of the money from KRW 84 million on the last day of each month; or (e) the Plaintiff lost the remainder of the money from KRW 300,000 on June 38, 20006.
B. According to the above findings of determination, Defendant B is obligated to pay to the Plaintiff 42,148,897 won and damages for delay calculated at the rate of 3% per annum from August 23, 2004, the part against the above Defendant among the borrowed money as of July 22, 2004, to the extent of the obligation to pay damages for delay calculated at the rate of 5% per annum under the Civil Act from March 16, 2005 to February 5, 2015, the original copy of the instant payment order from June 30, 2006 to February 5, 2015, and damages for delay calculated at the rate of 5% per annum from February 4, 2005 to February 4, 2005.
In addition, according to the agreement with the Plaintiff on August 31, 2005, Defendant C is only 96 million won, according to the agreement with the Plaintiff following the preparation of authentic deeds.