대여금
1. The judgment of the court of first instance is modified as follows.
Defendant B, C, D, E, F, and G to the Plaintiff’s Intervenor.
1. Facts of recognition;
A. On February 23, 2015, Defendant B prepared a loan certificate stating that “the Plaintiff shall borrow KRW 140 million from the interest rate of KRW 2% per month (payment on the 30th day of each month) and by the due date specified on December 30, 2015,” and issued it to the Plaintiff.
Defendant C, D, E, F, and G (hereinafter referred to as “Defendant C, etc.”)’s signature and seal is affixed to the joint and several sureties of the instant loan certificate (hereinafter referred to as “joint and several sureties”), and the name, resident registration number, and address of Defendant H and I are written in the joint and several sureties column of the lower end of the loan certificate. The name, resident registration number, and address of Defendant H and I are affixed to the Defendant H and I’s seal.
B. Defendant B confirmed that the Plaintiff paid KRW 19 million out of the total KRW 140 million to the Plaintiff on May 2, 2015, and that the Plaintiff left KRW 121 million. The Defendant B, on May 2, 2015, prepared a written confirmation (Evidence 2; hereinafter “instant confirmation”) stating that “The KRW 121 million shall be repaid by December 31, 2015,” and issued it to the Plaintiff.
C. Meanwhile, on June 23, 2017, the first instance court rendered a judgment with respect to the Plaintiff’s lawsuit of this case that “the Plaintiff shall jointly and severally pay 120 million won to the Plaintiff, Defendant B, and Defendant C, and 15% interest per annum from June 1, 2015 to the date of full payment, and Defendant H shall jointly and severally pay 50 million won to the Plaintiff and the amount calculated at the rate of 15% interest per annum from June 1, 2015 to the date of full payment.” The first instance court rendered a judgment that “the Plaintiff shall pay 50 million won to the Plaintiff and the amount calculated at the rate of 15% interest per annum from June 1, 2015 to the date of full payment.” The Plaintiff transferred the claim equivalent to the amount cited in the first instance judgment against Defendant B, H, and Defendant C, etc. to the Plaintiff’s succeeding intervenor (hereinafter “participating”), and notified the fact of assignment to the Defendants around that time.
[Ground of recognition] The fact that this court is remarkably or has no dispute;