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1. All of the plaintiffs' claims are dismissed.
2. The costs of lawsuit are assessed against the plaintiffs.
Reasons
1. Basic facts
A. On January 5, 2007, the Defendant received a certificate of loan from the Plaintiffs to the effect that “The Plaintiff B shall borrow KRW 130 million from the Defendant on the guarantee of the Plaintiff A at a rate of 1.2% per month for interest.” The Plaintiffs repaid to the Defendant the amount of KRW 30 million on February 2007, and from March 17, 2007 to December 15, 2008, the amount of KRW 120,000 per month for interest constitutes 1.2% per month.
(2) On July 10, 2009, the Defendant received each face value of KRW 200 million from the Plaintiffs, and a notary public having the cause of KRW 300 million issued two copies of the promissory note No. 1220, July 10, 2009, and two copies of the promissory note No. 1221, 2009, respectively (hereinafter “instant promissory note No. 1221”).
3) The Defendant, around October 30, 2009, lent additional KRW 100 million to the Plaintiffs as interest rate 1.2%, and on October 29, 2009, the loan certificate (Evidence A36) stated that the Defendant lent KRW 200 million to the Plaintiffs. However, according to the deposit certificate (Evidence A37) of October 30, 209, the Defendant actually remitted only KRW 100 million to the Plaintiffs. (hereinafter the Defendant’s each of the above loans is referred to as “instant loan,” and the loan is referred to as “the instant loan”).
B. B. On October 17, 2013, the Defendant filed a lawsuit seeking the payment of the instant loan against the Plaintiffs under the Youngju District Court Young-dong Branch 2013Gahap504, Youngju District Court Decision 2013, Young-dong Branch 2013, and its final decision 1).
The content is that “the plaintiffs shall jointly and severally pay to the defendant 138,963,133 won and 100,000,000 won from November 1, 2009; 38,963,133 won from September 25, 2013; and 1.2% from September 25, 2013 until the date of full payment.”
2. On October 8, 2014, the above court held that the plaintiffs jointly and severally against the defendant KRW 137,182,910 and KRW 100,000 among them, and the remainder KRW 37,182,910 from November 1, 2009.