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1. As to Defendant B’s KRW 206,750,000 and KRW 120,000 among them, Defendant B shall be KRW 86,750,000 from August 1, 2017, and KRW 86,750,00.
Reasons
1. Facts of recognition;
A. The Plaintiff loaned KRW 30 million to Defendant B, KRW 30 million on May 31, 2016, and KRW 100 million on July 13, 2016, respectively. Of the above loans, KRW 10 million was used for the purpose of a housing lease deposit that had been living with the Defendant.
B. On August 1, 2016, Defendant B drafted a promissory note notarial deed (hereinafter “instant notarial deed”) as of July 31, 2017 between the Plaintiff and the issuer as the Plaintiff, the issuer, and the Plaintiff’s KRW 120 million in face value, and the due date.
C. The Plaintiff transferred KRW 10 million to Defendant B’s account on August 26, 2016, KRW 50 million on September 12, 2016, KRW 70 million on October 4, 2016, KRW 500,000 on December 11, 2016, KRW 500,000 on November 14, 2016, KRW 17,000 on November 17, 2016, KRW 2.8 million on November 24, 2016, respectively, to Defendant B’s account or Defendant D’s account directed by Defendant B, and paid KRW 20,000,000 on October 12, 2016, KRW 60,000 on June 6, 2016, respectively.
On November 30, 2016, Defendant B drafted a notarial deed of promissory notes as of February 28, 2017 (hereinafter “notarial deed of this case”) between the Plaintiff and the issuer as to the Plaintiff, the issuer, the amount of KRW 90 million, and the due date.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings
2. According to the above facts finding as to the claim against Defendant B, Defendant B is obligated to pay the Plaintiff a total of KRW 26.75 million (i.e., KRW 120 million) and KRW 120 million, whichever is the day following the due date specified in the instant notarial deed 1, which is the day following the due date specified in the instant notarial deed 1, and KRW 86.75 million from March 1, 2017, which is the day following the due date specified in the instant notarial deed 2, which is clearly recorded in the record that each of the instant complaint was served on the Defendant from March 1, 2017 to December 8, 2017; and KRW 5% per annum specified in the Civil Act from the next day to the date of full payment; and KRW 15% per annum specified in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment.
3. Claim against Defendant C