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1. The Plaintiff:
A. The Defendants are jointly and severally 35,000,000 won and the Defendants shall be jointly and severally from May 8, 2017 to February 7, 2018.
Reasons
1. The parties' assertion
A. The Plaintiff asserted that, if Defendant B lent KRW 35 million on May 8, 2017, the Plaintiff would pay KRW 55 million in addition to the interest rate of KRW 20 million on May 26, 2017, the Plaintiff received a payment guarantee letter from Defendant C C C C’s account at the request of Defendant B, and then remitted KRW 35 million to Defendant C’s account.
In addition, the Plaintiff loaned KRW 12.5 million to Defendant B on May 16, 2017, with a total of KRW 15 million plus interest of KRW 2.5 million on May 23, 2017, and transferred KRW 12.5 million to C’s account upon receipt of a loan certificate for KRW 15 million.
Therefore, the defendants are obligated to pay the above money.
B. Defendant B’s assertion that the Defendants did not know of the Plaintiff and did not borrow money from the Plaintiff.
However, as Defendant B borrowed 32 million won from C on May 8, 2017 and failed to repay, Defendant B only prepared a loan certificate of KRW 15 million upon C’s request on May 16, 2017.
Since then, according to the agreement with the Plaintiff, Defendant B transferred membership in the amount equivalent to KRW 15 million of Egypt D located at the beginning of Sinsi, thereby offsetting the Plaintiff’s loan claim based on the above loan certificate.
Therefore, the Defendants did not have the money to be repaid to the Plaintiff.
2. Determination
A. On May 8, 2017, Defendant Company issued to the Plaintiff a guarantee certificate stating that the guarantee period is from May 8, 2017 to May 26, 2017, the Defendant Company guaranteed Defendant B’s payment of the loan obligation amounting to KRW 55 million to the Plaintiff. On the same day, the Plaintiff transferred KRW 35 million to C’s account of community credit cooperatives (F) on the same day. (2) On May 16, 2017, the Plaintiff transferred KRW 12.5 million to C’s account of community credit cooperatives. Defendant B borrowed KRW 15 million to the Plaintiff on the same day, and Defendant B drafted a certificate of borrowing the loan to the Plaintiff on May 23, 2017.
[Ground of recognition] There is no dispute, and there are evidence Nos. 1 through 3.