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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 458,723,31 and KRW 300,000 among them. From March 6, 2016.
Reasons
1. Judgment as to the plaintiff's primary claim
A. Determination 1 on the cause of claim A) The Plaintiff paid each total of KRW 20 million on March 8, 2013 to the account in the name of Defendant B, KRW 10 million, KRW 10 million, and KRW 72 million on March 12, 2013, KRW 90 million, KRW 29 million, and KRW 70 million on March 12, 2013.
B) On March 12, 2013, Defendant B prepared and delivered to the Plaintiff a certificate of loan (Evidence 1) stating that the loan amount shall be KRW 300 million and interest KRW 100 million shall be paid to the Plaintiff on June 12, 2013. Defendant C signed and sealed the certificate of loan amount as a joint and several surety, and Defendant C signed and sealed the certificate of loan amount on March 12, 2013. Based on the transfer of the right on March 12, 2013, the Plaintiff asserted that G with respect to real estate of approximately 1,180 square meters and seven parcels of land (hereinafter “instant real estate”), including the loan number of KRW 1,180,000 and KRW 1298,000,000,000,000 for a sales contract on January 16, 2013, the Plaintiff completed the transfer registration of ownership transfer right with respect to the instant real estate as part of the dividend number of KRW 1,015 through 16.15
(A) According to the above facts and the purport of the entire pleadings, the Plaintiff’s payment period of KRW 100 million to Defendant B on March 12, 2013 is determined and lent as of June 12, 2013, and Defendant C’s joint and several guarantee of Defendant B’s above loan obligation can be acknowledged. (B) The remainder of the specific loan principal and interest amount shall be considered as the balance.
As the Plaintiff was a part of the loan claim, and collected KRW 110 million on March 5, 2016, the amount is insufficient to extinguish the principal and interest of the loan, and in such a case, the amount shall be appropriated for repayment in the order of the expenses, interest, and principal, unless otherwise agreed by the parties.