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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 227,755,034 and KRW 217,115,375 among them.
Reasons
1. Each fact in the separate sheet of facts alleged in the grounds for the claim is not in dispute between the parties, or may be acknowledged by taking into account the whole purport of the pleadings as a whole in the entries in Gap evidence 1, 2-1 to 3, and 3.
2. Determination
A. According to the above facts finding as to the cause of the claim, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the sum of the principal and interest of the loan plus KRW 227,75,034, and 217,115,375, the balance of the loan principal, to the Plaintiff at the rate of 24% per annum from November 4, 2015 to the date of full payment.
B. Defendant C’s assertion asserts that the Plaintiff should be held liable against Defendant C after collecting the maximum amount of claims from Defendant A Co., Ltd., the primary debtor, and then collecting the amount of claims.
However, as seen earlier, as Defendant C has jointly and severally guaranteed the obligation of Defendant C corporation, there is no peremptory and search defense (proviso of Article 437 of the Civil Act). The Plaintiff, a creditor, also can claim the performance of the entire obligation with the principal debtor as well as the principal debtor (Article 414 of the Civil Act). Thus, the above assertion by Defendant C is without merit.
3. In conclusion, the plaintiff's claim of this case is reasonable and thus the plaintiff's winning judgment is pronounced.