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1. The Defendants jointly and severally agreed to the Plaintiff KRW 380,000,000 and 12% per annum from April 29, 2014 to April 15, 2015.
Reasons
1. Determination as to the assertion against Defendant C
A. Defendant C is a joint and several surety for Defendant B’s debt owed to the Plaintiff, and jointly and severally with Defendant B, is obligated to pay to the Plaintiff the amount of KRW 380 million due from April 29, 2014, the agreed interest rate of KRW 12% per annum from April 15, 2015, which is the last delivery date of a copy of the complaint of this case, and damages for delay calculated by 15% per annum from the following day to the date of full payment.
(b) Judgment made by deemed confession (Article 208 (3) 2 and Article 150 (3) of the Civil Procedure Act);
2. Determination as to the assertion on Defendant B
A. The Plaintiff asserted by the parties (1) during the period from November 8, 2013 to April 28, 2014, the Plaintiff loaned the Defendant B a total of KRW 630 million to one year of maturity and one percent per month of interest rate. Defendant B did not repay the remainder in addition to the repayment of KRW 250 million. As such, Defendant B is obligated to pay the Plaintiff a total of KRW 380 million (i.e., KRW 630 million - KRW 250 million) and damages for delay.
(2) Defendant B received KRW 630 million from the Plaintiff, which constitutes only KRW 250 million out of the loan amount, and the remainder KRW 380 million, which was concluded between the Plaintiff and the Plaintiff, was paid as the down payment or profit under the service contract for the sales of another canal box, which was concluded between the Plaintiff. Defendant B paid to the Plaintiff KRW 250 million out of the loan amount to the Plaintiff. As such, Defendant B did not bear any responsibility against the Plaintiff.
B. In full view of the facts without dispute, Gap evidence Nos. 1, 2, 3, 7, Eul evidence Nos. 4 and the purport of the whole pleadings, the plaintiff paid to defendant B a sum of KRW 630 million, including KRW 20 million on November 8, 2013, KRW 200 million on November 28, 2013, KRW 200 million on January 28, 2014, KRW 30 million on April 28, 2014, and KRW 200 million on December 28, 2013, and the defendant B paid KRW 200 million on November 28, 2013.