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1. The Plaintiff, Defendant B, and Defendant C, jointly and severally with Defendant B, KRW 10,000,000, and each of the above amounts.
Reasons
1. Determination as to claims against Defendant B and C
A. From July 9, 2015 to December 26, 2016, Defendant B borrowed a total of KRW 65,000,000 from the Plaintiff four times during the period from July 9, 2015 to December 26, 2016 (hereinafter “the instant loan”). Defendant C has guaranteed the obligation of KRW 10,000,000 out of the instant loan amount around that time, and there is no dispute between the parties.
Therefore, barring any special circumstance, Defendant B is obligated to pay the Plaintiff the total amount of KRW 65,00,000,000, Defendant C is jointly and severally liable with Defendant B to pay the above amount of KRW 10,000,000, and damages for delay on each of the above amounts.
B. As to Defendant B’s assertion, Defendant B asserted that the principal amount of KRW 500,000 out of the above borrowed amount was repaid.
According to the statement in Eul evidence No. 1, it is recognized that Defendant B remitted KRW 500,000 to the Plaintiff’s account in the name of May 2, 2018.
However, in light of the following circumstances, which are acknowledged in addition to the above evidence and the overall purport of oral argument, there was an agreement between Defendant B and the Plaintiff on interest and delay damages on the loan of this case, and the Defendant B, up to several times, wired the above money to the above account, even before remitting the money, there is a statement that he remitted the money of KRW 150,00,000, KRW 240,000, KRW 360,000, and KRW 400,000, and this appears to have been paid as interest on the loan of this case. However, it is difficult to conclude that only the above 50,000,000 was remitted as the principal payment for the loan of this case, there is insufficient evidence to acknowledge otherwise.
Therefore, Defendant B’s above assertion is without merit.
C. If so, the Plaintiff is the Plaintiff, and Defendant B is jointly and severally with Defendant B, and Defendant C is the final delivery of a copy of the instant complaint with respect to KRW 10,000,000 out of the instant loan and each said money.