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The Plaintiff
A. The Defendants are jointly and severally liable for KRW 143,00,000 and for KRW 71,500,000 among them, from December 31, 2018.
Reasons
1. Facts of recognition;
A. The Plaintiff lent total of KRW 143,00,000 to Defendant B several times from August 201 to August 2017.
B. On July 14, 2017, Defendant B prepared and issued a written confirmation that the Plaintiff would pay KRW 71,500,000,000 out of the above loan 143,000,000 to December 30, 2018, and the remainder of KRW 71,50,000 to December 30, 2019 (hereinafter “instant written confirmation”), and Defendant C jointly and severally guaranteed the above loan obligations.
C. Around August 3, 2017, the Plaintiff loaned KRW 5,000,000 to Defendant C as of October 10, 2017.
(2) The Plaintiff’s each of the above loans against the Defendants (hereinafter “each of the above loans of this case”). [Grounds for recognition] does not dispute; entries in Gap’s evidence Nos. 1 through 10, 12, and 13 (including branch numbers) and the purport of the entire pleadings.
2. Determination
A. According to the above facts finding as to the cause of the claim, the defendants are jointly and severally liable to the plaintiff. ① As to KRW 143,000,000 and its KRW 71,500,000 from December 31, 2018, which is the day following the date of payment, to December 31, 2019, which is the day following the date of payment, 71,500,000, the annual interest rate of 5% under the Civil Act from December 31, 2019 to May 18, 2020, respectively, and the annual interest rate of 12% under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment. ② The defendants C are jointly and severally liable to pay the annual interest rate of KRW 5,00,000 from October 11, 2017 to the day following the date of payment to May 18, 2017.
B. The summary of the Defendants’ assertion 1 as to the Defendants’ defense is that the Defendants, with the Plaintiff’s consent to permanently use the Plaintiff’s land, engage in the business of planting Oral trees on that land and selling Oral typ extractions.