대여금
Defendant B and C shall jointly and severally file for the Plaintiff KRW 129,31,507 and KRW 65,00,000 among them. < Amended by Presidential Decree No. 24624, Jun. 21, 2013>
1. Basic facts
A. On July 27, 2010, the Plaintiff, at the General Law Office, drafted a notarial deed under a monetary loan agreement with Defendant B and C (hereinafter “notarial deed of this case”) with the following content.
① On June 16, 2010, Defendant B borrowed KRW 75,000,00 from the Plaintiff as the due date of October 30, 2010 and the interest rate of KRW 24% (payment on July 20, 2010 to 20 days each month). ② The damages for delay shall be 30% per annum. ③ Defendant C shall stand as a joint and several surety for Defendant B’s obligation to the Plaintiff.
B. In addition, on September 24, 2009, Defendant B borrowed KRW 10,000,000 from the Plaintiff as of October 5, 2009.
C. From around August 22, 2006, Defendant C owned F orchard 2,646 square meters (hereinafter “instant real estate”). However, on June 27, 2010, Defendant C entered into a sales contract with Defendant D on the instant real estate (hereinafter “instant sales contract”) and completed the registration of ownership transfer to Defendant D on July 29, 2010.
On the other hand, on August 1, 2008, the registration of the establishment of a mortgage consisting of KRW 52,00,000 (hereinafter “the establishment of a mortgage on August 1, 2008”) with the creditor Seoyang Saemaul Depository, the maximum debt amount of KRW 52,00,000, and ② on August 22, 2008, the registration of the establishment of a mortgage consisting of KRW 60,000 (hereinafter “the establishment of a mortgage on August 22, 2008”) was completed respectively, and ③ on July 29, 2010, the registration of the right to claim the ownership transfer (hereinafter “the provisional registration of this case”).
[Ground of recognition] The fact that there is no dispute, entry of Gap's 3 through 5, purport of whole pleading
2. Determination as to claims against Defendant B and C
A. According to the facts of recognition 1 as to the cause of the claim, Defendant B and C are jointly and severally liable to pay to the Plaintiff KRW 75,000,000 and delay damages therefor, barring any special circumstance. Defendant B is jointly and severally liable to pay the Plaintiff KRW 10,000,000 and delay damages.