대여금
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 40,000,000 and the interest rate thereon from June 20, 2016 to the date of full payment.
1. Facts of recognition;
A. Defendant C, as a leader, was operating a leading system of KRW 50 million, and Defendant B was his leading system.
B. On June 20, 2016, the Plaintiff leased KRW 40 million to Defendant B at a monthly rate of 2%, and the due date of repayment on December 23, 2016, and the Defendant C written a loan certificate stating that it is jointly and severally guaranteed (see, e.g., evidence A and attached loan certificate). Defendant B signed the “debtor” column, and Defendant C signed the “joint and several surety” column.
C. Defendant C received the loan amount of KRW 40 million from the Plaintiff and consumed all of them.
[Ground of recognition] Facts without dispute, entry of Gap evidence No. 1, fact-finding on this court's grant curtailment, defendant C's results of inquiry, purport of whole pleadings
2. Determination on the cause of the claim
A. According to the facts of the above recognition of the claim against Defendant C, Defendant C is obligated to pay to the Plaintiff the interest or delay damages calculated at the rate of 24% per annum from June 20, 2016 to the date of full payment, which is the borrowing date, to the Plaintiff.
B. In a case where the authenticity of a disposition document against Defendant B is recognized, the court shall recognize the existence and content of the declaration of intent in accordance with the contents of the document, unless there is any special proof, and shall not reject it without any reasonable reason. However, in a case where there is an objection or there is a reasonable ground to deem the content of the document as contrary to the objective truth, the probative value may be denied (see Supreme Court Decision 2011Da25251, Jul. 14, 201). 2) In full view of the following circumstances revealed by the evidence revealed by the above facts admitted, Defendant B is jointly and severally liable to pay the principal and interest on the loan to the Plaintiff.
① The Defendant B, as an obligor, borrowed KRW 40 million from the Plaintiff on the instant loan certificate, which is a disposal document.