대여금
1.The judgment of the first instance shall be modified as follows:
The defendants are jointly and severally liable to the plaintiff succeeding intervenor KRW 77,684,425.
1. Basic facts
A. On July 17, 2008, Defendant C purchased 4,349 square meters of D forest land (hereinafter “D land”) in the name of Dongbook E, the owner of the land, and completed the registration of ownership transfer in F.
B. On November 208, 2008, Defendant C prepared a loan certificate with the content that “F will borrow KRW 30,000,000 from the network A from May 20, 2009, with the maturity of KRW 30,000,000 from the network as the principal debtor F and the joint guarantor Defendant C” through G, which is the agent of the network A, and completed the registration of creation of a mortgage over D land with respect to the network A on November 24, 2008, with the view to the mortgagee A, debtor F, the maximum debt amount of KRW 35,00,000.
C. Since November 21, 2008, Defendant C purchased a building of H large 215 square meters and its 2nd floor (hereinafter “H real estate”) under the name of Defendant B, the head of which is the owner, and completed the registration of ownership transfer in the future of Defendant B.
Using a certificate of personal seal impression and a certificate of personal seal impression received from Defendant B on December 23, 2008, Defendant C prepared to the network A a certificate of loan stating that “The principal debtor B and the joint guarantor C are 35,000,000 won from Defendant B’s networks as of June 30, 2009, and borrowed at the rate of 3% per month on June 30, 2009.” On December 23, 2008, Defendant C completed the registration of creation of a mortgage over H real estate at the rate of KRW A, debtor B, the maximum debt amount of KRW 45,00,000.
E. On February 24, 2010, Defendant C prepared a loan certificate stating that “The principal debtor B, Defendant C, a joint and several surety, borrowed KRW 44,400,000 from Defendant C at the maturity rate of 3% on June 30, 2010,” using a certificate of personal seal impression and a certificate of personal seal impression received from Defendant B through G, and the network was established on D land on February 25, 2010 through G.
Defendant C shall be G on the same day when the principal cancellation of the registration of the establishment of the neighboring mortgage stated in the port.