대여금
1. Defendant B shall pay to the Plaintiff KRW 25,00,000 and the interest rate of KRW 15% per annum from November 27, 2016 to the date of full payment.
According to the Gap 1 and 2's judgment as to the claim against defendant B, the plaintiff made a loan to defendant B on December 17, 2015 to pay 27 million won, interest of 200,000 won (27 million won, interest of 39%, delay damages, 20 million won until December 31, 2015, and 7 million won until January 25, 2016.
Meanwhile, on December 31, 2015, the Plaintiff is a person who received reimbursement of KRW 2,00,000 among the principal of the loan from Defendant B. As such, Defendant B is obligated to pay to the Plaintiff the remainder of KRW 25 million among the principal of the loan and the damages for delay calculated at the rate of 15% per annum from November 27, 2016 to the date of delivery of a copy of the complaint of this case as sought by the Plaintiff after the due date.
As to the claim against Defendant C, the Plaintiff asserted that he/she jointly and severally guaranteed the principal and interest of the loan at the time when he/she lent 27 million won to Defendant B on December 17, 2015, and sought joint payment of the remainder of 25 million won except for the remainder of 2,5 million won of the person who was repaid out of the above 27 million won, but as to the fact that Defendant C guaranteed the principal and interest of the loan, the Plaintiff did not have any evidence to prove that the signature and seal affixed on the name of Defendant C was based on the pen and the seal of the principal, and there is no other evidence to prove the above joint and several payment.
Therefore, the plaintiff's claim against the defendant C cannot be accepted.
In conclusion, the plaintiff's claim against the defendant B is accepted on the ground of the reason, and the claim against the defendant C is dismissed on the ground of the reason.