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1. The plaintiff A:
A. Defendant C and D jointly share KRW 112,339,726 and KRW 100,00,000 among them.
Reasons
1. Basic facts
A. On January 27, 2014, Plaintiff A lent KRW 50 million to Defendant C and D on January 27, 2014. 2) Plaintiff A additionally lent KRW 50 million to Defendant C and D on November 24, 2014.
(However, the plaintiff A used the name and account of son F.
Plaintiff
Plaintiff B and Defendants respectively lent to Defendant C and D KRW 100 million on December 30, 2014, and KRW 100 million on January 2, 2015.
C. On December 30, 2014, Defendant C and D recognized the aforementioned debt owed to the Plaintiffs, and drafted a “security and business contract for cash borrowed” with the purport that payment shall be made by adding an interest of 2.5% per month to each of the above loans from December 31, 2014, and received a notarized authentication from G by a notary public belonging to the Seoul Northern District Prosecutors’ Office on December 30, 2014.
Defendant C and D were unable to pay their obligations to the Plaintiffs, and each written and issued to the Plaintiffs a letter of payment as of August 3, 2015, a letter of performance as of August 28, 2015, and a letter of performance as of October 16, 2015.
E. Defendant E concurrently assumed Defendant C and D’s obligations against the Plaintiffs, and on November 18, 2016, written promissory notes with the Plaintiff’s amount of KRW 480 million, the due date of payment, and the due date of March 30, 2017. On November 18, 2016, Defendant E drafted an authentic deed of promissory notes with the document No. 700, G notary public, which belongs to the Seoul Northern District Prosecutors’ Office, written on November 18, 2016.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 12 evidence, purport of the whole pleadings
2. Determination
A. Prior to the determination as to the cause of the claim, Defendant C and D respectively borrowed the Plaintiff’s total of KRW 100 million from the Plaintiff, and KRW 200 million from the Plaintiff, and paid interest or delay damages at the rate of 2.5% per month on the above borrowed amount from December 31, 2014, and Defendant E may accept the fact that each obligation against the Plaintiffs is jointly assumed by Defendant C and D.
Therefore, the Defendants jointly share the amount of KRW 100 million to Plaintiff A, except in extenuating circumstances.