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1. The Plaintiff:
A. Defendant B’s KRW 130 million and as to this, 5% per annum from December 31, 2009 to April 28, 2017.
Reasons
1. Basic facts
A. The Plaintiff loaned KRW 100,000,000 to Defendant B, KRW 3% of interest per July 2006, and KRW 100,000 as of July 31, 2007, KRW 2% of interest per February 28, 2007, and KRW 100,000 as of March 28, 2007.
B. Around April 28, 2008, Defendant B promised the Plaintiff to pay KRW 100 million, which was borrowed from July 28, 2006, to the end of February 28, 2007, the total amount of the interest accrued prior to the borrowed KRW 130 million, which was the sum of the interest accrued prior to the borrowed KRW 100,000,000, and prepared a certificate of such loan.
C. Defendant B failed to pay KRW 130 million by the end of December 2008, and around August 17, 2009, Defendant B prepared a memorandum of performance with the purport that the Plaintiff will pay the said money to the Plaintiff by December 30, 2009, and Defendant C signed the said letter of performance as a joint and several surety.
(hereinafter referred to as “each of the instant statements”). [Ground of recognition] A without dispute, entry of evidence Nos. 1, 2, and 3, and the purport of the entire pleadings
2. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 130 million and the damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from December 31, 2009 to April 28, 2017, which is the day following the date of this judgment, from the day following the due date of repayment of the letter of this case, and from the following day to the day of full payment, 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.
3. Determination as to Defendant C’s assertion
A. First, Defendant C: (a) around February 28, 2008, the Plaintiff lent KRW 50 million to Defendant B, which was the amount of KRW 100 million, and the Plaintiff paid half of the interest accrued from Defendant C to Defendant C; (b) around August 2009, the Plaintiff received a letter of performance of the obligation to KRW 130 million from Defendant B.
When Defendant C sign on each of the above joint and several sureties, Defendant C will promptly pay the money even if he knows the snow of Defendant C.
any disadvantage caused by signature.