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1. Defendant B’s KRW 52,00,000 and the Plaintiff’s annual rate of KRW 5% from February 28, 2018 to July 16, 2019, and the following.
Reasons
1. Facts of recognition;
A. The Defendants are married couple.
B. On December 19, 2014, Defendant B prepared a cash storage certificate (a tea certificate; hereinafter “instant cash storage certificate”) with the following content and delivered it to the Plaintiff.
Japan:65 million won, provided that the above amount has been deposited into the Defendant C Suhyup account.
The repayment period of the principal of Paragraph 1 shall be determined as of April 30, 2015, by the agreement that the above amount has been clearly borrowed from the date of gold and that the obligation shall be repaid as follows:
Debtor: Defendant B [founded Grounds for Recognition] without a dispute, entry in Gap evidence 2 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings
2. Summary of the parties' arguments;
A. Plaintiff 1) 91 million won as indicated in the “Plaintiff’s Claim” list of Attached Table 1 attached hereto, the Plaintiff leased KRW 21 million to Defendant B from August 29, 2011 to October 3, 2014. As indicated in attached Table 2, the Plaintiff was reimbursed KRW 110 million in total from September 5, 201 to August 8, 2014. Defendant C jointly and severally guaranteed the obligation to return the above loan amount of KRW 91 million. Accordingly, the Defendants jointly and severally provided a joint and several liability to the Plaintiff (i.e., KRW 21 million - KRW 110 million - KRW 100 million - KRW 2500 million - KRW 2500,000,000, KRW 1000 - KRW 1501,000,000) and KRW 2501,0000,000 for each of the Defendant’s loans to Defendant B and KRW 241501.5 million.
Defendant C had not jointly and severally guaranteed the obligation to return borrowed money to the Plaintiff by Defendant C.
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