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1. The plaintiff
A. Defendant B’s KRW 15 million, and as to this, 5% per annum from December 31, 2014 to April 6, 2015.
Reasons
1. The plaintiff's assertion as to the cause of claim
A. On December 23, 2013, the Defendants jointly borrowed KRW 29 million in addition to the total amount of KRW 76 million borrowed up to b.5 million, and additionally lent KRW 1.5 million up to December 30, 2014, and issued a promissory note for the security of the loan claim amounting to KRW 1.5 million, but the Defendants did not repay at all.
Therefore, the defendants are jointly liable to pay the amount of KRW 150 million and damages for delay on the basis of loans or illegal acts (Fraud), or the defendants are selectively liable to pay the amount of promissory notes and damages for delay.
B. On January 13, 2014, the Plaintiff lent KRW 3 million to Defendant B, but did not repay it.
Therefore, Defendant B is obligated to pay to the Plaintiff KRW 3 million and damages for delay based on the loan or illegal act.
2. Determination
A. With respect to the claim of KRW 15 million, Defendant B and C entered their names and affixed seals on the face value of KRW 15 million at (1) KRW 15 million at the issue of the Promissory Notes (hereinafter “instant Promissory Notes”). Defendant B and C entered their respective seals on December 23, 2013 at the face value of KRW 1.5 million (1.5 million at the first entry) in the Plaintiff’s name, “1.5 million at the time of entry,” “2 million at the first entry,” “20 million at the time of entry,” “the date of payment,” and “E,” and “the issuance of the Promissory Notes at the place of payment,” and Defendant B and D’s signature and seal affixed thereon. At the time of the issuance of the instant Promissory Notes, Defendant B and C were married with the parties at the time of issuance, and Defendant D’s husband and wife were either under dispute between the parties or may be acknowledged by comprehensively taking into account the purport of Defendant B’s evidence No. 13.
(2) On December 23, 2013, when monetary loans were made from March 2012 between the Plaintiff and Defendant B to determine the claim against Defendant B, KRW 29 million.