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1.The judgment of the first instance shall be modified as follows:
The Defendants are jointly and severally liable to the Plaintiff for KRW 12,00,000.
Reasons
1. Basic facts
A. On February 10, 1990, the Plaintiff paid KRW 98,200,00 as down payment and intermediate payment title to D in order to purchase forest E, 9,359 square meters, etc. from Jincheon-gun, Jincheon-gun, Chungcheongnam-do.
However, while F clans made a provisional disposition as to the above subject matter of sale, it filed a lawsuit against D on April 3, 1992 by the Cheongju District Court 90Da4327, which rendered a favorable judgment against D on April 3, 1992, and it appealed against D, but the above court's appeal was dismissed on April 21, 1994, and the above judgment became final and conclusive on June 30, 1995.
B. For the foregoing reasons, the Plaintiff was unable to obtain the registration of transfer of ownership of the said subject matter of sale from D, and the Plaintiff filed a lawsuit against Cheongju District Court 95Gahap5667 on October 1, 1995 against Cheongju District Court 95Gahap5667, and on January 31, 1996 in the lawsuit above, “The Defendant (D) shall pay to the Plaintiff 65 million won with 5% per annum from July 24, 1990 to 13, 1996, and 25% per annum from the next day to the date of full payment.”
C. On January 27, 1996, when the lawsuit for the above claim for damages was pending, the Defendants signed a loan certificate stating that "if the Plaintiff borrowed 12,00,000 won from D and repaid 12,00,000 won to D by January 30, 1997, D, the joint and several sureties shall confirm that he will compensate for it" (hereinafter referred to as "the loan certificate of this case") with the seal of the joint and several sureties, and signed the joint and several sureties agreement with the Plaintiff (hereinafter referred to as "joint and several sureties agreement of this case").
The plaintiff filed a lawsuit against D on January 2, 2006 against Cheongju District Court 2006Kadan50, and filed a lawsuit for damages for the extension of the extinctive prescription on June 7, 2006. "The defendant (D) shall pay to the plaintiff 65,50,000 won with 5% per annum from July 24, 1990 to January 31, 1996, 25% per annum from February 1, 1996 to January 31, 2006, and 20% per annum from February 1, 2006 to the day of full payment.