대여금
1. The Defendants are jointly and severally liable to the Plaintiff for 40,000,000 won and the period from November 27, 2012 to May 30, 2015.
1. Comprehensively taking account of the overall purport of the pleadings as to the ground for the claim No. 1, the Plaintiff loaned KRW 40,000,000 to Defendant B on November 27, 2012 as the maturity date set by September 2014, and Defendant C can be found to have jointly and severally guaranteed Defendant B’s obligation to the Plaintiff. As such, the Defendants jointly and severally liable to pay to the Plaintiff the amount of KRW 40,000,000 (hereinafter “instant loan”) from November 27, 2012 to May 30, 2015, the last delivery date of the copy of the complaint of this case from November 27, 2012 to May 30, 2015, which is the last delivery date of the copy of the complaint of this case.
2. Defendant C’s assertion argues that, in the sense that Defendant C was present at the time of borrowing money from the Plaintiff, it is merely the signature of the above loan, and that it does not have signed as a joint and several surety for Defendant B’s above obligation to the Plaintiff, it is not responsible for this, and that the money borrowed from the Plaintiff is not KRW 40,000,000, but KRW 30,000,000, the contents of the above loan certificate should be denied.
However, in a case where the authenticity of a disposal document is recognized, in principle, unless there is any clear and acceptable proof that the content of the statement is denied, the court shall recognize the existence and content of the declaration of intent as stated in the disposal document. In a case where there is any difference in the interpretation of a contract between the parties and the interpretation of the intent of the parties expressed in the disposal document is at issue, the court shall reasonably interpret it in accordance with logical and empirical rules by comprehensively taking into account the contents of the text, the motive and circumstance of the agreement, the purpose to be achieved by the agreement, the parties’ genuine intent, etc.