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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 100,000,00 and 5% per annum from January 18, 2018 to August 31, 2018.
Reasons
1. The Plaintiff asserted that, around November 2016, when the Defendants invested KRW 150 million, the Defendants invested KRW 150 million, the Plaintiff invested Defendant B farming association and Defendant C as the debtor by introducing Nonparty E.
However, even though the Defendants promised to pay the money, they did not pay the money.
2. Determination
A. The Defendants acknowledged the fact that Defendant C borrowed KRW 100 million from the Plaintiff through Nonparty E and F, and stated that the Defendants were willing to pay the Plaintiff KRW 100 million and interest thereon if the construction project is well concluded.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 10 million won and the amount of delay damages at each rate of 5% per annum prescribed by the Civil Act from January 18, 2018 to August 31, 2018, which is the date the judgment of this case is rendered, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
B. However, according to the following circumstances, the Plaintiff’s claim against KRW 50 million, excluding the above-mentioned KRW 100,000,000, which is acknowledged by comprehensively considering the contents of evidence Nos. 1 through 4, as a whole, cannot be accepted.
(1) The Plaintiff submitted the loan certificate and the statement of performance as evidence as to the claim against the Defendants. The details are as follows.
However, since the following notes and loans are either F or G, the Defendants cannot be deemed to have prepared in writing to the Plaintiff.
(1) Amount: 170 million won, the date of repayment: by July 12, 2017, and the borrower’s representative director C and the other party: F and the date of preparation: June 27, 2017. (2) The amount: 190 million won, the date of repayment: September 8, 2017; and each letter: Defendant C, the other party: F and the date of preparation: the amount: 20 million won, the date of payment: November 23, 2017; and h and each letter: H and the other party G and the date of preparation: September 29, 2017.