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1. The Defendants are jointly and severally liable to the Plaintiff for 250,000,000 won and the period from April 1, 2015 to October 30, 2015.
Reasons
1. Basic facts
A. 1) The Plaintiff, as a proposal after being known to the general public, jointly carried on agricultural products distribution business, etc. with the Defendants. On July 18, 2014, the Plaintiff: (a) an agricultural company E (hereinafter referred to as “E”) with the purpose of its business on the distribution and consignment sale of agricultural and fishery products, etc., with the Defendants as a proposal for an agricultural products distribution business.
(2) At the time of establishment, D’s representative director was assigned to the Plaintiff, and the Plaintiff was responsible to the Plaintiff on July 18, 2014, the Defendants: (a) prepared and executed two separate loan certificates issued by Defendant B, Defendant C, and Defendant C as joint and several sureties; and (b) respectively, the Defendants paid KRW 350,000,000 to the Defendants through the account in the name of D, etc. between the 15th to 25th of the same month.
1.Borrowing 300,000,000 shall be financed and agreed as follows:
2.The repayment of the borrowed money shall be primarily procured from E's profit, and if the financing is not possible by the time the repayment period arrives, the repayment shall be made with the following debtor and joint guarantor's personal assets:
3. Date of repayment: The repayment shall be made in the amount of KRW 37,500,000 on July 17, 2015, in which a grace period of two (2) years has expired after a one-year grace period, and shall be made in the installments of three (8) months thereafter;
4.If, as a matter of course, the benefit of time is lost and all remaining obligations are payable at the time without notice. (a)
In cases where it is impossible to jointly operate the E normally or in cases of corporate bankruptcy or other equivalent thereto.
(c) A certificate of borrowing when the debtor joint and several liability guarantor receives a provisional seizure, compulsory execution, bankruptcy, or settlement from other creditors;
1.Borrowing 25,00,000 shall be financed and agreed as follows:
2. The due date: On July 3, 2016, the due date shall be naturally forfeited and remaining without a peremptory notice.