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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 35,00,000 and 5% per annum from August 31, 2009 to September 17, 2019.
Reasons
1. Facts of recognition;
A. The Plaintiff’s loan to Defendant B was lent KRW 32,800,000 on February 15, 2007, KRW 5,000 on February 26, 2007, KRW 7,000,000 on April 13, 2007, KRW 3,000,000 on May 4, 2007, KRW 200,000 on May 4, 2007, and KRW 32,80,000 on November 28, 2008, and KRW 10,000 on December 19, 208, by means of remitting KRW 32,80,00,000 on each of the Defendant B’s deposit accounts.
B. Around December 19, 2008, Defendant B, a joint and several surety of Defendant C, prepared a certificate of borrowing (Evidence A No. 1) with the purport that the amount of the loan was KRW 35,000,000,000 until the loan was paid until August 30, 2009, and Defendant C jointly and severally guaranteed the above loan obligation.
[Ground of recognition] Each entry of Gap 1, 8, and 9 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleading
2. Determination
A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the above loan and the joint and several liability amount of KRW 35,000,000, and damages for delay calculated at the rate of 5% per annum prescribed in the Civil Act from August 31, 2009 to September 17, 2019, when the duplicate of the complaint of this case was served on the Defendants, and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
B. The Defendants asserted that Defendant B paid to the Plaintiff the sum of KRW 37,300,000 in 16 times during the period from February 4, 2009 to July 9, 2010, and that Defendant B paid to the Plaintiff a total of KRW 37,300,000 in the Plaintiff’s passbook.
However, in full view of the evidence cited above, Gap evidence Nos. 2 through 7, Eul evidence Nos. 1 and 2, and the purport of the whole pleadings as a whole, the plaintiff, separate from the loan of this case, lends 32,80,000 won to defendant B for a total of 12 times from December 29, 2008 to January 7, 2010, and on the other hand, to defendant B electronic equipment worth KRW 8,160,000.