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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 273,50,000 and KRW 243,500,000, respectively, from June 15, 2019.
Reasons
1. The facts subsequent to the facts of recognition do not conflict between the parties, or may be admitted in full view of the whole purport of the pleadings, as set out in Gap evidence 1, 7, and evidence 8-1, 8-2.
On June 13, 2018, the Plaintiff lent KRW 250 million to Defendant B Co., Ltd. (hereinafter “Defendant Company”) as follows (hereinafter “instant loan”). Defendant C and Nonparty D Co., Ltd (hereinafter “Nonindicted Company”) jointly and severally guaranteed the instant loan obligations owed by Defendant Company to the Plaintiff.
Article 1 (Amount of Debt) of the Loan of this case (Amount of Claim) The Plaintiff lent to the Defendant Company the gold 20 million won (amount of KRW 250,000,000). The Defendant Company is to borrow it.
(b) Loan repayment - The first repayment: The amount of KRW 125,000,000 ($125,000,000) out of the loan shall be repaid on December 14, 2018.
- The second repayment: The repayment on June 14, 2019 will be made of an amount of KRW 125,000,000,000,000, out of loans, which is 50 per cent of the remainder (50%).
(c)interest on the loan - interest on the loan shall be 24 per annum;
- The interest on the loan will be paid in advance every three months.
Therefore, the interest payment date is as follows.
on 15 June 2018: To pay Won 15,000,000 won (Won 15,000,000).
on 15 September 2018: To pay Won 15,000,000 won (Won 15,000,000).
(B) On December 14, 2018, 2018, 125,000 won (Won 125,000,000) shall be paid. (Won 750,000) won shall be paid.
on March 14, 2019: Down-doon (Won 750,000) shall be paid.
B. On June 14, 2018, the Plaintiff received reimbursement of KRW 15 million out of the instant loans from Defendant C, and appropriated it for interest.
C. As to the instant loan obligations, the Plaintiff: (a) KRW 1 million from Nonparty E on May 15, 2019; (b) KRW 500,000 on May 16, 2019; and (c) the same year.
6. 5.5. 5 million won and the sum of KRW 6.5 million have been repaid and appropriated for principal.
2. On the basis of the foregoing findings, the determination of the cause of the claim shall be made.