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1. Defendants B and D shall jointly and severally serve as KRW 115,00,000 and each of them to Defendant B from September 23, 2009.
Reasons
1. Basic facts
A. On September 23, 2009, the Plaintiff leased KRW 135 million to Defendant B by setting the interest rate of KRW 2% per month, the due date for payment by March 30, 2015 (hereinafter “instant lending”), and Defendant D’s joint and several surety on August 1, 2014.
B. On September 16, 2009, Defendant B borrowed the above money from the Plaintiff, with the borrower "E Co., Ltd. (hereinafter "E") as of September 16, 2009, with the borrower "10 million won, interest rate of 3.5%, and due date of payment of January 20, 2009," and the joint guarantor "Defendant C Co., Ltd. (hereinafter "E") as the wife of the Defendant B, "Defendant C's loan certificate of September 16, 2009 (hereinafter "the loan certificate of September 23, 2009"), and 50 million won as of September 23, 2009, interest rate of KRW 5 million as of September 23, 2009, and the due date of payment for the loan was "B and the guarantor" as "the borrower Eul and the Defendant" until November 23, 2009.
(c) On August 29, 2016, Defendant B paid KRW 20 million to the Plaintiff out of the loan principal (based on recognition). Defendant B paid KRW 10 million to the Plaintiff (based on recognition): The absence of dispute; the entry of the evidence No. 1; the result of the examination conducted by the Plaintiff and Defendant B; the purport of the entire pleadings; the absence of dispute against Defendant C; the entry of the evidence No. 3 and No. 4; the purport of the entire pleadings; and the purport of the entire pleadings as to Defendant D: deemed confession (Article 150(3) and (1) of the Civil Procedure Act).
2. Determination as to the claim against Defendant B and D
A. According to the above facts, Defendant B and D are jointly and severally liable to pay to the Plaintiff the remainder of KRW 115 million and damages for delay calculated at the rate of 15% per annum from the following day to the date of full payment, as the Plaintiff seeks, within the scope agreed upon from September 23, 2009 to September 31, 2016, with respect to Defendant B, who is the delivery date of a copy of the complaint of each case, as the Plaintiff seeks. As for Defendant B, until August 31, 2016, until July 11, 2016, with respect to Defendant Kim Yong-hun, 20% per annum and 15% per annum.
B. As to this, Defendant B shall provide credit service to the Plaintiff and lend it to E’s operating capital.