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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 90 million and the amount therefrom from October 9, 2016 to the day of complete payment.
Reasons
1. The allegations and judgment of the parties
A. In full view of the purport of Gap evidence No. 1 and all pleadings, the defendants borrowed KRW 90 million from the plaintiff on July 13, 2008, and thus, the defendant Eul repaid the above debt to the plaintiff on December 30, 2008, and the defendant C guaranteed the above debt (refer to the evidence No. 1 of this case, hereinafter "the loan certificate of this case").
(2) The Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 90 million,00,000,000,000 to the Plaintiff on May 29, 2009. Accordingly, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 90,000,000,000,000 from the loan certificate of this case and damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from October 9, 2016 to the date of full payment, as sought by the Plaintiff.
B. As to the Defendants’ assertion 1, April 10, 2008, the Defendants asserted that the Defendants paid KRW 20 million from the Plaintiff regarding D Removal, but the construction contract did not run smoothly, and that the Plaintiff paid a total of KRW 128 million to the Plaintiff, and that Defendant C paid KRW 35 million on October 9, 2008, and Defendant B paid KRW 23 million on or around 2009. However, there is no evidence to acknowledge that the Defendants paid money to the Plaintiff before and after the issuance of the instant loan certificate.
Therefore, the Defendants’ assertion cannot be accepted.
2. For this reason, the Plaintiff’s claim is accepted, and it is so decided as per Disposition.