대여금
1. The defendants' appeal is dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1..
1. Determination as to the cause of claim
A. In full view of the evidence Nos. 1 and 2, evidence Nos. 1 and 4 of the first instance trial witness D and the purport of the entire pleadings, the following facts are recognized.
1) Defendant B, D, and the Plaintiff: (a) the said Defendant’s relocation from D (in the location: 2nd floor of the building F in the net City of 1,00; hereinafter “this case’s removal”).
(2) On November 29, 2011, Defendant B agreed to take over the business at KRW 25 million ( KRW 15 million for lease deposit), but the acquisition price was to be paid to the Plaintiff, a creditor of D. Accordingly, Defendant B paid KRW 25 million to the Plaintiff up to March 25, 201, and paid KRW 500,000 per month to the Plaintiff. Defendant C prepared a loan certificate stating that the above obligation of Defendant B is guaranteed (hereinafter “the loan certificate of this case”).
B. According to the above facts of recognition, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 25 million and the amount of delay damages calculated by each of the 20% annual rates prescribed by the Civil Act from March 26, 2012 to March 7, 2012, the day following the due date for payment (Defendant B, Defendant C, May 9, 2014), as requested by the Plaintiff, to each of the instant complaint (the amount of payment order within the country) (the amount of payment order within the country) (the Defendant B, Defendant C, May 7, 2014, and the amount of delay damages calculated from the next day to the day of full payment).
2. Judgment on the defendants' assertion
A. The summary of the assertion 1: (a) Defendant B entered into a provisional contract with D to ensure that if the instant lawsuit is operated for three months, and the instant lawsuit is operated continuously thereafter, it will definitely take over the said lawsuit business from D and pay KRW 25 million with the price paid; and (b) Defendant B paid the Plaintiff, a creditor of D, the said provisional contract, with the condition that the said contract is converted into a fixed contract; and (c) Defendant C drafted the instant loan certificate with the condition that the said obligation of Defendant B is guaranteed.
However, the above conditions are not fulfilled because Defendant B did not enter into a formal contract only after the end of February 2012.