대여금
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 18,33,337 and the interest rate thereon from November 16, 2017 to the date of full payment.
1. Basic facts
A. Defendant C operated D’s mutual human resources consulting firm from around 2012 to around 2014, and around November 201, around approximately KRW 1.70 billion (4th 600,000, hereinafter “instant shopping mall”) acquired by public sale around 20,000, and also leased the business. Defendant B, the spouse of Defendant C, wasd to Defendant C’s office from time to time, and aided Defendant C’s operation and financing and management of business funds.
B. On September 26, 2012, Defendant B borrowed KRW 200,000,000 from the Plaintiff at an annual interest rate of 18%, to the account under Defendant B’s name (hereinafter “instant loan”). At the time of the said loan agreement, Defendant B promised to receive and repay the instant commercial building, which is the Defendant C’s ownership, to the Plaintiff at the time when it is possible to grant the additional loan as security.
C. However, even though Defendant B continued to pay the Plaintiff the agreed interest, Defendant B continued to pay only KRW 50,000,000 out of the principal amount on August 30, 2013, even though the loan of real estate owned by the Defendants was implemented as joint collateral, and the Plaintiff continued to demand the remainder of the principal amount to Defendant B.
In the process, there is a defect that the Plaintiff demanded Defendant B to the effect that he/she jointly and severally guaranteed the Defendant C’s obligation to the Plaintiff and re-written a loan certificate on that content; around January 2, 2014, the Plaintiff and the Defendants written a monetary loan certificate (hereinafter “instant loan certificate”) on January 22, 2014 under the name of the Plaintiff and the Defendants as follows, and delivered it to the Plaintiff. The said loan certificate was written “B” in the debtor column of the said loan certificate, “C” in the joint and several sureties column, and the Defendants’ seals are affixed to each name.
① On January 22, 2014, the Plaintiff set KRW 150,000 to Defendant B at the interest rate of KRW 1.5% per month and on March 22, 2015.