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1. The Plaintiff:
A. The Defendant (Appointed Party) B and the Appointed C jointly share KRW 19,109,385 and their related thereto.
Reasons
1. Judgment on the plaintiff's claim
A. Facts of recognition 1) E is the Defendant (Appointed Party; hereinafter “Defendant”) only.
(2) The Plaintiff, from March 8, 2017 to June 11, 2018, loaned money to B several times. The Plaintiff acquired the entire amount of the claim against the Defendant B (the principal of KRW 40 million) from March 8, 2017 to June 11, 2018, and Defendant B agreed to approve it and pay the Plaintiff interest of KRW 2% per month. Meanwhile, Defendant D agreed to pay the Plaintiff the principal amount of KRW 10 million out of the Defendant B’s debt. Defendant C agreed to pay the Plaintiff KRW 20 million under the lease contract concluded under its name on June 4, 2018.
3) On November 16, 2018, Defendant B agreed to settle the debt owed to the Plaintiff at KRW 20,000,000 and interest KRW 1.4 million and to repay the debt until November 23, 2018 (Evidence A 3). The Plaintiff received each payment from the Defendant B from the Plaintiff on September 6, 2019, KRW 113,151, and KRW 400,000 until October 13, 2019, respectively, and appropriated the interest and principal until October 13, 2019, and KRW 890,615. Specific legal relations between the Plaintiff and the Plaintiff and the Defendants are as indicated in the attached Table on Loan and Guarantee.
B. According to the above facts of determination, Defendant B is obligated to pay the Plaintiff the remainder of the loan principal of KRW 19,109,385 (=20,000,000 - KRW 890,615) and 2% of the agreed damages for delay on October 13, 2019. Meanwhile, Defendant B guaranteed the Defendant B’s above loan obligations within the limit of KRW 20,000,000 as lease deposit. The Selection guaranteed the remainder of the loan obligations of KRW 10,00,000 among the loan obligations.
I would like to say.
Therefore, Defendant B and Selection C jointly share the above KRW 19,109,385 and the following day after the final repayment date for the Plaintiff.