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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 10,000,000 and the amount shall be from July 12, 2005 to November 6, 2014.
Reasons
1. Basic facts
A. On September 11, 2004, Defendant B borrowed KRW 10 million from the Plaintiff on October 11, 2007, which is equivalent to KRW 130,000,00 per month interest, and the 111th day per month on the date of the payment of interest (hereinafter “the instant loan”). Defendant C jointly and severally guaranteed the Defendant B’s debt to the Plaintiff on September 11, 2004.
B. Defendant B remitted to the Plaintiff the amount of KRW 1,040,000 (i.e., KRW 8 months until May 11, 2015 x KRW 130,000) monthly interest on the instant loan obligation, starting from November 14, 2004 to June 17, 2015, both KRW 1,30,000 (i.e., KRW 1,000).
[Ground for Recognition: Facts without dispute, Gap 1 and 2 evidence (including each number; hereinafter the same shall apply)
(2) Each entry and the purport of the whole pleading
2. The assertion and judgment
A. According to the above basic facts based on the above basic facts, the Defendants are jointly and severally liable to pay to the Plaintiff the loan amount of KRW 10 million and damages for delay.
B. In addition to the loan borrowed in this case, the Plaintiff additionally lent KRW 22 million to the Defendant B, who was difficult to take economic circumstances on March 19, 2005, for the purpose of the successful bid price for real estate, without preparing a loan certificate. As such, Defendant B is obligated to pay the Plaintiff additional loan KRW 22 million and delay damages.
② As to the second floor 202 (hereinafter “instant commercial building”) among the commercial buildings located in Seo-gu Incheon, Seo-gu, Incheon, Seo-gu (hereinafter “instant commercial building”), the Plaintiff leased the lease deposit to Defendant B on June 9, 2005 at KRW 5 million and KRW 400,000,000 for the monthly rent (the 15th day of each payment date), and the lease deposit was paid at KRW 50,000,000 for the lease deposit, but Defendant B used the said commercial building from June 15, 2005 to December 14, 2010, and did not pay at all the rent 26,40,000,000 for the said period. Accordingly, from the foregoing late payment, the Plaintiff did not pay the down payment.