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1. The Defendants shall pay 35,000,000 won to each Plaintiff and 10% per annum from February 4, 2008 to the day of full payment.
Reasons
1. Basic facts
A. On October 16, 2007, the Plaintiff borrowed KRW 6,600,000 from the Hansung Damage Insurance Co., Ltd., and KRW 6,000,000 in total from the Samsung Life Insurance Co., Ltd. on October 24, 2007 and October 29, 2007. As of October 29, 2007, there was a balance of insurance premium loans of KRW 2,250,000 in total for the interesting Korea Life Insurance Co., Ltd., and approximately KRW 11,00,000,000 on October 29, 2007 to the non-party D, who is the plaintiff's relative and the defendant Eul, who is the child of the Defendant B, respectively.
It seems that the transfer fee is included in each transaction amount of Gap's No. 2's No. 1.D.
B. Defendant B received total of KRW 35,00,000 from the Plaintiff through D on October 1, 2007, and on November 4, 2007, Defendant B paid KRW 20,000,000 to the Plaintiff on the borrowing of KRW 35,00,000 from the Plaintiff, Defendant B first repaid the amount of KRW 20,00,000 by March 2008 and paid monthly interest, and Defendant C, as the guarantor, signed on the said borrowing certificate.
(hereinafter the above 35,00,000 won was “the instant loan” and the above loan certificate was “the instant loan certificate”). Meanwhile, the interest rate on the instant loan was agreed at KRW 300,000 per month.
C. On November 23, 2014, the Plaintiff notified Defendant B of the repayment of the principal and interest of the instant loan by text messages. On January 27, 2015, the Plaintiff notified the Defendants of the claim for the payment of the principal and interest of the instant loan.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3 (including each number), Gap evidence No. 4-1, Eul evidence No. 1, the purport of the whole pleadings
2. The assertion and judgment
A. Comprehensively taking account of the facts of Paragraph 1’s determination as to the cause of the claim, Defendant B borrowed KRW 35,000,000 from the Plaintiff on the condition that he would pay KRW 300,000 per annum, and Defendant C guaranteed the principal and interest of the instant loan to Defendant B. Of the instant loans, KRW 20,000,000 among the instant loans.