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1. As to each of the above amounts of KRW 347,722,199 against Plaintiff A, and KRW 170,000,000 against Plaintiff B, the Defendant from December 16, 2016.
Reasons
The following facts for the determination of the cause of the claim may be found either in dispute between the parties or in accordance with the purport of Gap evidence Nos. 2, 3, 6, 7, and 8 and all pleadings.
The Defendant, from May 28, 2014 to January 25, 2016, Plaintiff A lent a total of KRW 2.79 billion (hereinafter “the first loan”); Plaintiff B loaned a total of KRW 6.7 billion from June 30, 2014 to May 31, 2016 (hereinafter “the second loan”); and Plaintiff B loaned a total of KRW 1 and two loans (hereinafter “the instant loan”).
Plaintiff
A, on October 27, 2014, in order to secure the Defendant’s debt to Adivers Korea Co., Ltd. (hereinafter “Adivers Korea”), on the part of the Defendant, completed the registration of creation of a neighboring mortgage on the five-507 floor of Songpa-gu Seoul Building No. 31, Songpa-gu, Seoul, including the debtor, the Defendant, the mortgagee, the DNAs Korea, and the maximum debt amount of 440 million won, and revoked the registration of establishment of a neighboring building on behalf of the Defendant on November 21, 2016.
According to the above facts, the defendant is obligated to pay each of the claims for the loans of this case to the plaintiffs, and the claims for indemnity amounting to 440 million won incurred by the above plaintiff as a surety to secure another's obligation on behalf of the defendant.
Meanwhile, the Plaintiff A received KRW 2,839,277,801 from the Defendant, and received the same amount of the first loan by offsetting the amount of the first loan by offsetting 43 million won out of the payment amount, while Plaintiff B received KRW 6.53 billion from the Defendant.
Therefore, barring any other special circumstances, the Defendant was 347,722,199 won for the Plaintiff (i.e., KRW 2,790,00,000 for the first loan of KRW 440,000 for the reimbursement of KRW 440,000 for the reimbursement of KRW 2,839,277,801 for the offset of KRW 43,000 for the offset of KRW 43,000 for the offset of KRW 43,00 for the Plaintiff, and KRW 170,000 for the Plaintiff B (=6.7 billion for the second loan of KRW 6.5 billion for the reimbursement of KRW 6.3 million).