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1. Defendants B and C shall jointly and severally pay to the Plaintiff KRW 155,00,000 and the interest thereon from January 12, 2017 to the date of full payment.
Reasons
1. Basic facts
A. Nonparty E (hereinafter “Nonindicted Party E”) respectively lent KRW 10,00,000,00 on March 27, 2013 to Defendant B and C, and KRW 55,000,000 on May 28, 2013, Nonparty 4-1, 2 (the certificate of borrowing money and the cash custody certificate; hereinafter “each of the instant loans”). Each of the above loans was written as follows: (a) each of the loans was “loan 100,000,000 won” and “loan 5,00,000,000 won” by each amount of loan; and (b) each of the instant loans was written in general named “each of the instant loans”).
B. On December 9, 2016, the Nonparty transferred each of the instant loans to Defendant B and C to the Plaintiff. On December 19, 2016, the notice of assignment of claims reached Defendant B and C.
C. On October 27, 2016, Defendant C concluded a contract to establish a right to collateral security with respect to the real estate listed in paragraph (1) of the attached Table No. 1 on October 27, 2016 with Nonparty D, and concluded a contract to establish a right to collateral security with respect to the real estate listed in attached Table No. 2 on November 24, 2016, and completed each registration of each establishment under the subparagraphs No. 75498, Oct. 27, 2016 and No. 8583, Dec. 12, 2016.
(2) The witness E’s testimony, and the whole purport of oral argument are as follows: (a) each of the above mortgage contracts is “each of the instant mortgages contract”; (b) the registration completed is “the establishment of each of the instant mortgages”; (c) the establishment of each of the instant mortgages is without dispute; (d) each of the evidence Nos. 1 through 4, 6, 11, and 14 (including a serial number; hereinafter the same shall apply
2. Determination as to claims against Defendant B and C
A. In a case where the establishment of judgment as to the cause of the claim is deemed true, the existence of a juristic act in content must be recognized unless there is a clear and acceptable reason to deny the content thereof.
Therefore, Defendant B and C are jointly and severally liable to pay the Plaintiff the total amount of KRW 155,00,000,000 and damages for delay to the Plaintiff who acquired each of the instant loans against the said Defendants, barring any special circumstance.
(b) above;