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1. The Plaintiff:
A. Defendant B shall pay KRW 50,000,000 as well as 15% per annum from January 4, 2018 to the full payment date.
Reasons
Comprehensively taking account of each of the statements and arguments set forth in subparagraphs A-1 and B-2, the Plaintiff lent KRW 50,000,000 to Defendant B on August 25, 2016 within one month from the date of borrowing, and Defendant C, D, and E guaranteed the above loan obligations of Defendant B on the same day.
According to the above facts of recognition, Defendant B is obligated to pay the Plaintiff the above borrowed amount of KRW 50,00,000 and damages for delay calculated at the rate of 15% per annum from January 4, 2018 to the date following the delivery date of a copy of the complaint of this case as requested by the Plaintiff after the due date.
In addition, since Defendant C, D, and E are co-suretiess for the above loan obligations of Defendant B, they should jointly pay the Plaintiff KRW 16,66,666 of each of the above loan amount (=50,000,000 ¡À3,000) to the Plaintiff, jointly with Defendant B.
The Plaintiff asserts that Defendant C, D, and E should pay KRW 50,00 to the Plaintiff jointly with the Defendant B, but Articles 439 and 408 of the Civil Act provide that where several guarantors bear the guaranteed obligation by their own act, each guarantor shall bear the obligation at an equal rate unless there is any special declaration of intention. It is insufficient to acknowledge that each of the descriptions of subparagraphs 1-1 and 2-1 of the evidence No. 1-2 provided that Defendant C, D, and E agreed to jointly and severally bear the guaranteed obligation, and there is no other evidence to acknowledge otherwise, there is no reason for the part exceeding the above scope of recognition among the Plaintiff’s assertion against Defendant C, D, and E.
Therefore, Defendant C, D, and E, jointly with Defendant B, bear the obligation to pay to the Plaintiff 50,000,000 won and damages for delay calculated at the rate of 15% per annum from January 4, 2018 to the full payment date, and Defendant C, the day following the delivery date of the copy of the complaint of this case, as sought by the Plaintiff, as the Plaintiff was jointly with Defendant C, D, and E, respectively.