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1. The Plaintiff:
A. The Defendants jointly share KRW 70,000,000,000;
B. Defendant C is 14,500,000 won and 10,000 among them.
Reasons
1. The part concerning the Defendants’ claim amounting to KRW 120,000,000
A. Comprehensively taking account of the overall purport of the pleadings in the evidence Nos. 1 and 2 as to the cause of the claim, the Plaintiff loaned KRW 60,000,00 to Defendant B on April 14, 2016, the maturity period for payment is May 14, 2016, the interest-free interest rate is interest, and the amount of the loan is paid at the time of delay; Defendant C guaranteed Defendant B’s obligation; the Defendants failed to repay the loan up to the present date.
According to the above facts of recognition, the defendants are jointly obligated to pay a double amount of the above loans, except in extenuating circumstances.
B. Determination 1 on Defendant B’s assertion that Defendant B intended to repay the above loan but the Plaintiff failed to repay the loan by avoiding the receipt of the above loan. However, there is no evidence to prove that the Plaintiff avoided the receipt of the above loan. Thus, Defendant B’s assertion is without merit. Defendant B transferred each provisional registration under the name of another person with respect to the land and buildings located in the pre-owned ownership as security of the above loan to Defendant C at the time of lease. Thus, the Plaintiff was obligated to cancel the above provisional registration immediately after Defendant B repaid the above loan, and the Plaintiff or Defendant C refused to accept it, and thus, the Plaintiff’s claim cannot be complied with.
In full view of the purport of the argument in Gap evidence No. 1, the plaintiff and the defendants used KRW 50,000,000, out of the loans at the time of lending, as the withdrawal agreement amount of the voluntary auction case (former District Court D and creditor E), which was in progress with respect to the real estate owned by the defendant Eul, and KRW 10,000,000, out of the total amount, as the purchase and sale reservation provisional registration in the name of G pertaining to F land and buildings at the time of Jeonju, and the provisional registration for each purchase and sale reservation in the name of H and building at the time of Jeonju.