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1. The Plaintiff is jointly and severally liable for 155,00,000 won, Defendant D’s 20,000,000 won, and each of the above amounts.
Reasons
1. Determination on the cause of the claim
A. (1) On June 5, 2004, the Plaintiff: (a) on June 5, 2004, lent KRW 1550 million to Defendant B at the interest rate of 3% per month; and
(2) On June 8, 2004, Defendant B completed the registration of the creation of a neighboring mortgage with the maximum debt amount of KRW 182,00,000,000,000,000 to the Plaintiff for the purpose of securing the above loan (hereinafter “instant land”).
(2) On November 17, 2004, the Plaintiff issued and delivered to Defendant B a promissory note deed with a face value of KRW 150 million at the rate of 3% per month (hereinafter “instant loan”). The Defendants jointly agreed to pay the instant loan in installments, and then jointly issued and delivered to the Plaintiff a promissory note deed with a face value of KRW 150 million at the face value of the instant loan and KRW 155 million at the sight of the date of payment.
(3) On August 8, 2005, the Plaintiff loaned KRW 20 million to Defendant D at the interest rate of 3% per month and the due date of payment November 8, 2005.
(4) On March 16, 2007, the Plaintiff received KRW 182 million from Defendant D on March 16, 2007, and appropriated it for the repayment of principal and interest of the first loan. On March 19, 2007, the Plaintiff cancelled the instant right to collateral security.
[Ground of recognition] Facts without dispute, Gap evidence 1 through 6 (including additional numbers), Eul evidence 5, the purport of the whole pleadings
B. According to the above facts of recognition, the Defendants are jointly and severally liable to pay the Plaintiff damages for delay at the rate of 15% per annum from April 7, 2016 to the date following the delivery of a copy of the instant complaint to the date of full payment.
2. Judgment on the defendants' assertion
A. Determination as to the Defendants’ assertion of reimbursement (1) Defendant D’s assertion objection against the Plaintiff.