차용금
1. Defendant C shall pay to the Plaintiff KRW 30,00,000 and 24% per annum from April 13, 201 to the date of full payment.
1. The Defendant C, the father of Defendant B’s primary facts, shall borrow money from the Plaintiff and prepare a loan certificate stating 30 million won on the loan amount, 13 April 201 on the loan date, 12 July 2011 on the repayment date, 2011 on the loan certificate (Evidence A1) and 2% on the interest rate, and the above loan certificate is written by the borrower as Defendant B, and the name B’s seal is affixed on the name of Defendant B, and the Defendant C is written as a joint and several surety.
2. The Plaintiff’s assertion and judgment are based on the premise that the Defendants are liable for the borrowed money based on the above loan certificate and the joint and several liability therefor, and the Defendants are liable for the payment of KRW 30,000,000 and the agreed interest thereon.
Since there is no dispute between the plaintiff and the defendant C as above, the defendant C is obligated to pay the money the plaintiff seeks.
As to the claim against the defendant B, there is no dispute between the parties that the stamp image next to the defendant B's name of No. 1 is based on the seal of the defendant B, but on the other hand, the fact that the defendant C prepared the above loan certificate and affixed the seal under the name of the defendant B is no dispute between the parties, and is recognized by the purport of the whole pleadings. Thus, unless there is any evidence to prove that the defendant B has the authority to affix the seal to the defendant B, the above stamp No. 1 cannot be used as evidence against the defendant B, and there is no other evidence to acknowledge the claim against the defendant B.
The Plaintiff asserted that, on the land owned by Defendant B, the establishment of a mortgage on the land owned by Defendant B was completed with the loan obligation as the secured obligation, and on the ground that Defendant B allowed the establishment of a mortgage by issuing a certificate of personal seal impression under his name, etc., Defendant B may be deemed to have granted the right of representation to the Defendant C with respect to the loan above. However, solely on the fact that the establishment of a mortgage was permitted, the instant loan was granted.