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1. The Defendants jointly share the Plaintiff KRW 270,000,000 and KRW 80,000 among them, from December 10, 2015 to December 130, 130,000.
Reasons
1. Facts of recognition;
A. The Plaintiff: (a) to Defendant C Co., Ltd. (hereinafter “Defendant Co., Ltd”); (b) to pay interest of KRW 12% per annum on October 10, 2012; (c) to pay interest on KRW 80 million on the 10th day of each month; and (d) to pay interest on KRW 220 million on March 25, 2013; (b) to pay interest rate of KRW 12% per annum; and (c) to pay interest rate of KRW 60 million on the 25th day of each month; (d) to pay interest rate of KRW 12% per annum; and (e) to pay interest rate of KRW 30 million on the 30th day of each month.
B. As an auditor of the Defendant Company, Defendant B (former: D) who introduced the Plaintiff to the Defendant Company guaranteed the Defendant Company’s respective loan obligations against the Plaintiff.
C. The Defendants paid to the Plaintiff KRW 90 million in total, including KRW 80 million on May 27, 2013, and KRW 10 million on February 25, 2014, and repaid KRW 90 million out of the loans as of March 25, 2013.
The Defendants paid interest on each of the above loans to the Plaintiff by November 2015.
【Defendant B’s ground for recognition: Fact that there is no dispute, entry of Gap’s 1 through 3 (including each branch number in the case of provisional number), the purport of whole pleadings, and the purport of whole pleadings: the fact that there is no dispute
2. Determination
A. According to the facts of the determination as to the cause of claim, the Defendant Company is the principal debtor. Defendant B, as a guarantor, jointly with the Plaintiff, KRW 270 million remaining after the partial repayment of each of the above loans (= KRW 220 million loans as of October 10, 2012 - partial repayment KRW 90 million as of March 25, 2013 - KRW 60 million and interest KRW 30 million as of July 30, 2012, the following day of the final calculation as to the Defendant Company: KRW 80 million from October 10, 2015 to December 10, 2015; KRW 300,000 from March 25, 2013 to KRW 30,000,000 from March 25, 2013; and KRW 305,000,000 from March 25, 2015 to KRW 30,015.