대여금
1. The Defendant estimated 7,799,000 won to the Plaintiff at the rate of 15% per annum from May 10, 2016 to the date of full payment.
1. On December 29, 2008, the basic facts C borrowed KRW 77,99,00 from the Plaintiff, and prepared and delivered to the Plaintiff a promissory note notarial deed with the Defendant as the issuer and the Defendant’s agent, and the Defendant as a joint and several surety (hereinafter “instant authentic deed”).
(Reasons for Recognition: Evidence A1)
2. Assertion and determination
A. The plaintiff asserts that the defendant is jointly and severally liable to pay 7,7990,000 won and damages for delay to the plaintiff as the defendant jointly and severally guaranteed the debt of C to the plaintiff.
In this regard, the defendant asserts that it is impossible to respond to the plaintiff's claim because it is not appropriate to prepare a notarial deed of promissory note with C's obligation or to grant C the power of representation
2. In light of the following circumstances acknowledged as a whole in Gap evidence No. 1, namely, Eul presented the power of attorney attached to the defendant's certificate at the time of the preparation of the notarial deed in this case, and the defendant seems to have been aware of the plaintiff's obligation, including the plaintiff in the creditor list after filing an individual rehabilitation application with the Chuncheon District Court 2009da6019, the defendant is reasonable to deem that Eul granted the right of attorney to prepare the notarial deed in this case or at least after C ratified the defendant as a joint guarantor.
3. Conclusion, as a joint and several surety of C, the Defendant is obligated to pay the Plaintiff the amount of KRW 77990,000 as joint and several surety debt and the damages for delay calculated by 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from May 10, 2016 to the date of full payment after serving the original copy of the instant payment order.