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1. The Plaintiff:
A. Defendant B’s KRW 164,00,000 and interest rate of KRW 15% per annum from October 27, 2016 to the date of full payment.
Reasons
Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 3-1, 2, and 2-1, 200, and 2, the Plaintiff determined that the Defendant B was due on July 30, 2015 and lent KRW 60,000,000 on September 3, 2014 to each of the Defendants on May 7, 2015, and that the Plaintiff lent KRW 94,000,000 to the Defendants on May 7, 2015. Meanwhile, the Plaintiff was a person who received KRW 40,00,000,000 out of the principal borrowed from Defendant B on January 8, 2014.
The Plaintiff asserts that Defendant C is a co-debtor with respect to the amount loaned on January 8, 2014 and September 3, 2014. Thus, according to the statement of evidence No. 4-1, Defendant C appears to have partially repaid the interest on the loan to Defendant B on November 3, 2014. However, such circumstance alone is insufficient to deem that Defendant C was a co-debtor of each of the above loans to Defendant B, and there is no other evidence to acknowledge this otherwise.
Therefore, as the plaintiff seeks, the remaining principal amount of KRW 164,00,000 ( KRW 50,000 +60,000 + KRW 94,000,000 + KRW 94,000-40,000,000) and damages for delay at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 27, 2016 to the day of full payment as well as from October 27, 2016 to the day of full payment. Defendant C is jointly and severally and severally liable with Defendant B to pay the above amount of KRW 94,00,000 among the above amount and the following day after the delivery of a copy of the complaint of this case as the record at the request of the plaintiff, with each of the above amounts of KRW 5% per annum from October 27, 2016 to November 24, 2016.