대여금
1. As to the Plaintiff’s KRW 60,000,000 and KRW 55,000 among them, Defendant B from January 1, 2006 to August 1, 2015.
1. In full view of the purport of the entire pleadings as to the statements in Gap evidence Nos. 1 and 4, the plaintiff lent KRW 110,000,000 to D on June 18, 2006 under the condition that he shall receive interest KRW 10,000 from June 18, 2005 to December 31, 2005, and the defendants at that time may recognize the fact that the defendant guaranteed D's above obligation.
2. The Defendants, a joint guarantor, are obliged to pay to the Plaintiff the total amount of KRW 120,000,000 including the above loans and the principal amount, and the damages for delay on the principal amount in equal ratio.
(Article 439 of the Civil Act). The Plaintiff asserted that the Defendants jointly and severally guaranteed the above debt, but there is no evidence to prove that the Defendants jointly and severally guaranteed the above debt beyond the scope of simple guarantee.
3. If so, the Defendants are liable to pay to the Plaintiff 60,000,000 won each (120,000,000 won1/2) and 55,000,000 won among them (110,000,000 won/2) from January 1, 2006, which is the day following the above interest calculation, until August 6, 2015, which is the day when the copy of the complaint is served to Defendant B; Defendant C is liable to pay to the Plaintiff damages for delay calculated at each rate of 5% per annum as stipulated in the Civil Act until August 14, 2015, which is the day when the copy of the complaint is served to the Plaintiff; and 5,000,000 won per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
Plaintiff
The claim shall be accepted for the reasons within the scope of the above recognition, and the remainder shall be dismissed as it is groundless.