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1. The Defendants are jointly and severally and severally liable to the Plaintiff for payment of KRW 86,363,983 and the period from August 31, 2014 to October 31, 2014.
Reasons
1. Facts of recognition;
A. (1) On May 20, 2013, the Plaintiff was a loan of KRW 130,000,000 from Nonparty D (hereinafter “instant loan”).
(2) The loan certificate of this case as indicated on July 31, 2014 on the interest rate of 13.9% per annum and as indicated on July 31, 2014 (hereinafter “instant loan certificate”).
There is a passbook transaction (Evidence A 4) in which the Plaintiff transferred KRW 100,000,000 to Defendant B on May 20, 2013.
[2] On May 21, 2013, the Plaintiff: (a) granted a loan to Defendant B, a real operator of Defendant C, under the name of Defendant C’s business funds; and (b) received the instant loan certificate from Defendant C, a general manager of Defendant C; and (c) completed the registration of the establishment of a mortgage on the instant loan on May 20, 2013, with respect to the amount of 371 square meters (hereinafter “instant real estate”) owned by D, Daegu E-gun, Daegu, Inc. (hereinafter “instant real estate”) owned by D, for the purpose of securing the repayment of the instant loan.
B. 1 The Plaintiff and D on June 10, 2014
A. (1) As such, a notary public entrusted the preparation of a notarial deed of a monetary loan for consumption as stated in paragraph (1) and accordingly, the notarial deed of a monetary loan for consumption was prepared by law firm No. 249 on June 15, 2014. Meanwhile, in order to secure additional repayment of the instant loan, the Plaintiff was issued and delivered the notarial deed of loan (a certificate of loan No. 3; hereinafter referred to as “the notarial deed of loan”). In addition, on August 30, 2014, the Plaintiff was issued and delivered by the Defendants the notarial deed of loan as “principal principal 130 million won, and Defendant B and joint guarantor C” (hereinafter referred to as “the notarial deed of loan”).
C. As to the instant real estate, the public sale by the Korea Asset Management Corporation was conducted, and the Plaintiff, a mortgagee, was allocated KRW 43,636,017 in the said public sale procedure on November 5, 2014.
【Ground of recognition】 The fact that there exists no dispute, Gap’s evidence 1, Gap’s evidence 2-1, 2, and Gap’s evidence 3-9, the purport of the whole pleadings
2. The cause of the action.