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1. Defendant C and D shall be jointly and severally liable to Plaintiff A for KRW 145,00,000 and shall be fully paid from October 1, 2014 to the date of full payment.
Reasons
1. Basic facts
(a) Defendant C and D are married couple, and under the chain thereof, Defendant E and I are the wife of Defendant E. The Defendant F is the wife of Defendant E.
B. The Plaintiff leased the total amount of KRW 145,00,000 from around 2001 to around 2005 to Defendant C and D without setting the interest and the due date.
C. Plaintiff B filed a lawsuit (this Court 201Gahap1415) with the said Defendants claiming that Defendant C and D lent KRW 50,000,000 from around September 2004 to January 2007, and filed a lawsuit claiming the payment of loans and delayed payment damages (this Court 201Gahap1415). On May 18, 2011, the said Defendants jointly and severally paid KRW 71,00,000 to Plaintiff B, and the said money was paid KRW 3,00,000 as at the end of each month from around September 20 to March 2012, 200, and KRW 5,00,000,000 as at the end of each month from April 20 to January 2013. The said Defendants paid the delayed payment of KRW 20,000,0000 as at the end of each month from the day following the day of each month to the day of loss of accrued interest in addition to the payment.
On June 24, 2013, Defendant C filed an application for bankruptcy with the Seoul Central District Court (Seoul Central District Court Decision 2013Hadan6411, and 2013Ma6411). From the above court, Defendant C was rendered a decision not to grant immunity on June 27, 2014 and on July 15, 2014.
E. Accordingly, Defendant C filed an immediate appeal (Seoul Central District Court No. 2014Ra1360, 1361 immunity) against the decision to deny the above exemption, but on September 18, 2014, upon receiving a decision to dismiss the appeal from the said appellate court, the said decision became final and conclusive on October 2, 2014.
F. Defendant C, around August 2005, leased the first floor store (2 square) No. H H H in Eunpyeong-gu Seoul from Nonparty Ma to operate the first floor store (2 square meters). On August 20, 2009, Defendant C extended the lease contract on August 20, 2009, and changed the lessee’s name to Defendant E.