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1. The Plaintiff:
A. As to Defendant B’s KRW 20,000,000 and as to this,
B. Defendant C is jointly and severally liable with Defendant B.
(b).
Reasons
1. Facts of recognition;
A. The Plaintiff and Defendant B are between elementary school Dongs, and Defendant C is the mother of Defendant B.
B. By December 27, 2017, the Plaintiff lent a total of KRW 62,00,000 to Defendant B.
On December 27, 2017, as Defendant B was unable to repay the above amount, Defendant B prepared a certificate of loan to pay the above amount by January 5, 2018 and delivered it to the Plaintiff.
On the same day, Defendant B’s Dong-in guaranteed the payment of KRW 35,00,000 out of Defendant B’s above loan debt, and delivered it to the Plaintiff.
C. Defendant B failed to repay the debt of the borrowed amount by January 5, 2018, which was promised to repay as above. Upon the Plaintiff’s request, Defendant C prepared a certificate of borrowing that guarantees the payment of KRW 35,000,000 out of the above loan amount to Defendant B on January 21, 2018 and delivered it to the Plaintiff.
D transferred KRW 25,00,000 to the Plaintiff on February 6, 2018, and Defendant C remitted KRW 5,000,000 to the Plaintiff on February 17, 2018.
Since then, Defendant B paid KRW 12,000,000 to the Plaintiff.
[Ground of recognition] Facts without dispute, entry in Gap evidence 1-2-3, purport of whole pleadings
2. According to the facts of the above recognition, Defendant B is obligated to pay to the Plaintiff the unpaid loan amount of KRW 20,000,000 [=62,00,000- ( KRW 25,000,000)] and the damages for delay calculated by 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from May 22, 2018 to the date following the delivery of a copy of the complaint of this case to the date of full payment. Defendant C is jointly and severally and severally with Defendant B, and the amount of KRW 5,00,000 (=35,000,000-( KRW 25,000,000) and the amount of the repayment guaranteed by Defendant C.
As to this, the Defendants asserted that the Plaintiff agreed to exempt the remainder from the repayment when the Plaintiff repaid KRW 30,000,000 out of the borrowed money to the Defendants, but there is no evidence to acknowledge this.