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1. The Defendants are jointly and severally liable to the Plaintiff for 39,60,000 won and the interest rate of 15% per annum from August 4, 2016 to the date of full payment.
Reasons
1. Basic facts
A. From May 9, 2016 to June 3, 2016, the Plaintiff lent a total of KRW 50,500,000 to Defendant B.
B. On May 25, 2016, Defendant B prepared and provided the Plaintiff with the certificate of the borrowed money, and the name and resident registration number of Defendant B, E, and Defendant C, as joint and several sureties, were written at the bottom of each of the borrowed money.
[The plaintiff acknowledged that the name and resident registration number of D and E were prepared by the defendant B and withdrawn his lawsuit against them] [the first-use fee certificate] - 30,500,000 won - 8/25% of the due date - Interest 15% of the passbook for payment of interest - Transfer method of passbook for payment of interest [the second-use fee certificate] - 20,000,000 won - 15% of the due date - Interest 15% of the due date - transfer method of payment of interest
C. Meanwhile, the loan amount of the second-use loan certificate is modified to 17,000,000 won with a straw container, and the name, resident registration number, and signature of the defendant C among the joint and several surety of the above loan certificate are written in the same wning container.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. The parties' assertion and judgment
A. Defendant B alleged by the Plaintiff as to the Plaintiff’s assertion: (a) paid part of the amount of money to the Plaintiff until August 3, 2016, after preparing the certificate for the first and second loans; and (b) the Plaintiff, Defendant B, and C paid part of the amount of money repaid until August 3, 2016 to the interest on each of the instant loans; (c) appropriated the remainder of KRW 3,000,000 for the principal of the second loans; and (d) reduced the amount of money borrowed as KRW 17,00,000 for the second loans to the principal; and (e) Defendant C signed and sealed the certificate for the first and second loans as a joint guarantor.
After that, until August 31, 2016, Defendant B repaid the Plaintiff the total of KRW 7,900,000 in addition to the total of KRW 7,900,000, and the Plaintiff appropriated the said repayment to the principal of each of the instant loan certificates.
Therefore, the Defendants jointly and severally settled the loan amount of KRW 47,50,000,000, which was the aggregate of the loan amount of this case as of August 3, 2016, deducted the said amount of KRW 7,900,000.