beta
Text
1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1...
Reasons
1. The reasons for the court’s explanation concerning this case are as follows: (a) the 3rd 18th H of the first instance judgment “H” is dismissed as “I”; and (b) the 7th h of the first instance judgment “determination on the claim against Defendant B and D” is the same as the part on the grounds of the first instance judgment, and thus, it is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
(In full view of the allegations and evidence added by the Defendant in this Court, the fact-finding and judgment as to the confirmation of the parties to the first instance trial are not different, even if the facts and judgment are comprehensively taken into account).
B. According to the facts acknowledged earlier as to the claim against Defendant D and Co-Defendant B of the first instance trial (hereinafter “B”), the Plaintiff: (a) lent KRW 1,00,000 to F; (b) however, the Plaintiff assumed the obligation to return the loan on December 10, 201 by F; and (c) Defendant D guaranteed the obligation to pay the loan amounting to KRW 1,00,000,000 as the primary debtor; (b) Defendant D, jointly with the guarantor, is liable to pay the Plaintiff a loan amounting to KRW 165,398,380,380 as dividends in the instant real estate distribution procedure, as the Plaintiff appropriated the interest and delay damages from June 1, 201 to January 8, 2012, the Plaintiff claimed that the damages for delay calculated at the rate of KRW 1,00,000 from June 1, 201 to October 314, 2014.
The Plaintiff and Defendant D and B agreed to pay the loan principal and interest KRW 500,000,000 until December 15, 201. If the loan principal and interest are not paid by December 15, 201, the Plaintiff and Defendant D and B agreed to pay the loan principal and interest KRW 500,000 by adding the damages for delay to the loan principal and interest KRW 500,000,000 by March 30, 201. However, the Plaintiff and Defendant D and B agreed to pay the above loan principal and interest KRW 500,000 by December 15, 201.