대여금
Defendant B’s KRW 100,000,000 per annum for the Plaintiff and two percent per annum from July 29, 2015 to October 10, 2017.
The part of the claim against Defendant B does not conflict between the parties, or according to the evidence Nos. 2 and 3, the Plaintiff is obligated to pay to Defendant B the interest rate of KRW 100 million per annum on July 29, 2015 and the due date of payment on June 30, 2017. As such, the Defendant is obliged to pay to the Plaintiff the interest and delay damages calculated at the rate of KRW 100 million per annum, which is the agreed interest rate, from July 29, 2015 to October 10, 2017, the delivery date of the complaint of this case sought by the Plaintiff, and from the next day to the date of full payment, the interest and delay damages calculated at the rate of KRW 15 per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.
The part of the claim against Defendant C is written by the Defendant as a joint and several surety in the loan certificate (Evidence A2) and the above KRW 100 million was paid to the Defendant’s account, and the Defendant also bears the same obligation as the Defendant B. However, among the evidence No. 2, the part in the name of the Defendant cannot be considered as evidence for the Defendant since there is no evidence to acknowledge the authenticity, and the fact that the loan was paid to the Defendant’s account in the name of the Defendant cannot be considered as evidence, and it is difficult to view that the Defendant bears the obligation solely on the fact that the loan was paid to the
Therefore, the plaintiff's claim against the defendant B is justified, and the claim against the defendant C is dismissed as it is without merit. It is so decided as per Disposition.