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1. The Defendants jointly share KRW 420,000,000 to the Plaintiff and Defendant B with respect thereto from August 14, 2007 to February 22, 2014.
Reasons
1. Presumed factual basis
A. On December 4, 2004, the Plaintiff drafted a certificate of repayment of borrowed money (hereinafter “instant investment agreement”) with the purport of lending KRW 150,000,000 to G Co., Ltd. (hereinafter “G”) and receiving KRW 450,00,000 from G as principal and investment income on January 4, 2005.
B. The Plaintiff paid KRW 150,000,000 to G on December 6, 2004 in accordance with the instant investment agreement.
C. On June 21, 2005, Defendant E drafted and delivered to the Plaintiff a written agreement that guarantees the Plaintiff’s obligation to return investment funds.
G drafted and delivered to the Plaintiff on September 5, 2006 a certificate of borrowing that the Plaintiff would pay KRW 500,000,000 by September 30, 2006.
At the time of drawing up the above loan certificate, Defendant B, C, and D jointly and severally guaranteed the obligation to return the investment amount of KRW 500,000,000 to the Plaintiff of G.
(hereinafter referred to as “instant joint and several sureties contract”). (e)
Defendant E paid KRW 80,00,000 to the Plaintiff on August 13, 2007.
[Based on recognition] Defendant B, D: A without dispute; evidence Nos. 1, 2, 2 through 4 (including paper numbers); Defendant C, and E: Article 208(3)3 of the Civil Procedure Act (by service by public notice)
2. According to the facts on the premise of the determination as to the cause of the claim, since the Defendants guaranteed or jointly guaranteed the obligation to return the investment amount of G to the Plaintiff, the Defendants jointly serve as the Plaintiff the remainder of principal and investment income (=500,000,000 - 80,000,000) and as the Plaintiff seeks after the date of repayment of the said investment amount, the Defendant B is 5% per annum under the Civil Act from August 14, 2007 to February 22, 2014, and 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment, to the date of service of the copy of the complaint in this case against the Defendant C from August 14, 2007 to the date of delivery of the copy of the complaint in this case.