대여금 등
Defendant B and C shall jointly and severally pay to the Plaintiff KRW 57,00,000 and 24% per annum from March 12, 2016 to the date of full payment.
1. Comprehensively taking account of the overall purport of the pleadings as to claims against Defendant B and C, Defendant B’s issuance and delivery of a monetary loan certificate stating that around March 11, 2016, Defendant B determined KRW 57,000,000 as interest rate of KRW 2% and repaid to the Plaintiff up to December 31, 2016, and the fact that Defendant C guaranteed the Plaintiff’s joint and several debt obligations against the Plaintiff at the time of Defendant C.
According to the above facts of recognition, Defendant B and C are jointly and severally liable to pay to the Plaintiff interest or delay damages calculated by the rate of 24% per annum from March 12, 2016 to the date of full payment, which is agreed upon by the Plaintiff.
2. The plaintiff asserts that defendant D had a joint and several surety for the above loan obligation of defendant D.
In this regard, Defendant D is indicated as joint and several sureties at the bottom of the above monetary loan certificate, but there is no evidence to prove the authenticity, and thus, it cannot be used as evidence (the father E of the Plaintiff voluntarily stated the intent of the joint and several sureties in the above monetary loan certificate, and accused Defendant B as a forgery of private documents or an act of a falsified investigation document). In addition, it is insufficient to recognize the fact of joint and several sureties submitted by the Plaintiff as evidence.
Therefore, the plaintiff's above assertion is without merit.
3. Conclusion of the Plaintiff’s claim against Defendant B and C, and the claim against Defendant D is dismissed.