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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 193,443,548 and KRW 75,00,000 among them, from May 31, 2016.
Reasons
1. Determination as to the claim against the defendant B
A. The Plaintiff lent KRW 95 million to Defendant B on April 4, 2012.
② On June 17, 2013, Defendant B prepared a letter of commitment to repay to the Plaintiff the principal amounting to KRW 95 million and interest calculated by the rate of KRW 2.5% from April 4, 2012 to July 31, 2013, as the said loan was not repaid.
③ On September 30, 2013, Defendant B, who was unable to repay the principal and interest of the loan by the above payment date, prepared a letter stating that the Plaintiff will pay the principal and interest of the loan by October 20, 2013.
④ However, Defendant B failed to repay the principal and interest of the loan even until October 20, 2013. Around November 2013, Defendant B drafted a letter of intent to repay the said principal and interest of the loan to the Plaintiff by March 31, 2014.
⑤ On May 30, 2016, the Plaintiff received KRW 20 million from Defendant B’s East E as a partial repayment of the principal and interest of the loan from Defendant B, and appropriated it to the principal.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, 5, and 7, the purport of the whole pleadings
B. According to the above facts of recognition, Defendant B is obligated to pay the remainder of the principal and interest of the loan to the Plaintiff. The principal and interest of the loan that must be paid as of May 30, 2016 are as follows.
(1) Principal: The agreed interest or delay interest calculated by the ratio of 2.5% per month from April 4, 2012, which was 95 million won, to May 30, 2016, from May 30, 2016, from April 4, 2012, to May 27, 2016: 118,443,548 won ( = 95 million won x 0.025 x 0.025 x 27/31 day) x 49 months) ③ The principal and interest on loans as of May 30, 2016 (20 million won: the remainder after appropriating 20 million won from April 4, 2012 to May 30, 2016, and the remainder after appropriating 35 million won from April 4, 2012 to May 30, 2018, 118,434,1984;