대여금
1. The Plaintiff:
(a) Defendant Pow Holdings Co., Ltd.: 30,000,000 won;
B. Defendant B is the Defendant Company.
1. Following the determination of the Plaintiff’s claim is acknowledged by adding to the Plaintiff’s written evidence No. 1 and the purport of the entire pleadings.
In other words, on February 20, 2013, the Plaintiff lent the payment period of KRW 30 million to Defendant Pow Holdings Co., Ltd. (hereinafter “Defendant Company”) until April 15, 2013, which was the date the value-added tax was refunded in 2013, and at that time, C and Defendant B guaranteed the above obligation of Defendant Company respectively.
According to the above facts, the Defendant Company, as the principal obligor, is obligated to pay the interest and delay damages calculated at the rate of 24% per annum agreed from February 20, 2013 to the date of full payment, as seen earlier, for each of the above loans jointly with the Defendant Company, the Defendant Company, one of the joint guarantors, as well as 15 million won (30 million won x 1/2) and each of the above amounts, as seen earlier.
However, the Plaintiff seeks payment of the above loans amounting to KRW 30 million jointly and severally with the Defendant Company.
However, it is difficult to recognize Defendant B as a joint and several surety solely with the statement of evidence No. 1, and there is no evidence to acknowledge otherwise.
Furthermore, under Articles 439 and 408 of the Civil Code, where several guarantors bear the guarantee obligation by their own act, each guarantor shall bear the obligation at an equal rate unless there is any special declaration of intention, and as recognized earlier, C and Defendant B guaranteed the above loan obligation of the Defendant Company. Therefore, Defendant B should bear the guarantee obligation only for 1/2 of the above loan obligation of the Defendant Company.
Therefore, it is difficult to accept the Plaintiff’s claim against Defendant B beyond the above recognition scope.
2. Judgment on the defendants' assertion
A. The Defendants, in light of the relationship between the Plaintiff and C, the relationship between C and the Defendants, and the background leading up to the preparation of the loan certificate, etc., the above KRW 30 million is the Plaintiff.