대여금
1. The Plaintiff:
A. The Defendants are jointly and severally liable for 30,000,000 won and the aforementioned amount shall be from April 26, 2013 to October 31, 2017.
On April 5, 2013, Defendant B prepared and delivered to the Plaintiff a certificate of borrowing KRW 10,00,000 from the Plaintiff as of June 30, 2013 (hereinafter “the first certificate”); Defendant B prepared and delivered a certificate of borrowing KRW 30,00,000 to the Plaintiff on April 25, 2013, stating that the due date for payment shall be KRW 30,000,000 to the Plaintiff on April 25, 2013; the interest shall be paid at a minimum legal rate and shall be paid in accordance with the business performance; Defendant C affixed the certificate of borrowing as a joint and several surety (hereinafter “the second certificate”). Defendant C affixed the certificate of borrowing as a joint and several surety, taking into account the respective descriptions in subparagraphs 1 and 2, and the entire purport of pleadings.
According to the above facts of recognition, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 30,000,000 and the amount of damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from April 26, 2013 to October 31, 2017, when the duplicate of the complaint of this case was finally served on the Defendants from April 26, 2013 to October 31, 2017, and 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. (ii) Defendant B is obligated to pay the amount of KRW 10,00,000 and the amount of damages for delay from July 1, 2013, when the duplicate of the complaint of this case was served on Defendant B from July 1, 2013 to October 17, 2017.
The Defendants agreed that the Plaintiff and Defendant B engaged in the business of collecting earth and rocks, collecting aggregate, selling aggregate, etc., and agreed to purchase the site for this purpose, and made a first proof as to KRW 10,000,000 paid as the down payment, while displaying the site for this purpose. In accordance with the Plaintiff’s opinion, the Defendants waived the purchase of the land along with the down payment.