대여금반환 등
1. As to the Plaintiff’s KRW 100,000,000 and KRW 50,000,00 among them, Defendant B and Defendant C shall jointly and severally serve as the Plaintiff from August 9, 2014.
1. Facts of recognition;
A. Both the Plaintiff and Defendant B engaged in wholesale and retail business of livestock products. However, the Plaintiff was aware of the fact that Defendant B would receive a loan from Defendant B Co., Ltd. (hereinafter “Nonindicted Company”), and then, the representative of the Nonparty Company: (a) lent money to Defendant B with its own funds; (b) requested Defendant B, who is the partner of Defendant B due to uncertain relationship between Defendant B’s credit; and (c) requested Defendant B, who is the partner of Defendant B, as a joint guarantor; and (d) Nonparty Company received the said request.
(The plaintiff did not want to have his identity revealed because he was aware of in the same kind of business as the defendant B). (b)
Accordingly, on November 6, 2013, the non-party company agreed to grant a loan of KRW 100,000,000 to Defendant B by setting the interest rate of KRW 2.5% per month and the due date of repayment as of January 8, 2014, and demanded the joint and several surety of Defendant C. The defendant B issued two copies of the household check issued by Defendant C, a living partner, to the non-party company as a joint and several surety.
On November 7, 2013, Defendant C visited Nonparty Company’s office and confirmed two copies of the above household check issued by Defendant B to Nonparty Company, and signed and sealed Defendant B’s joint and several sureties’s loan certificates.
(A) On November 8, 2013, the non-party Company remitted KRW 95,00,000 (the amount obtained by deducting interest from loan KRW 100,000) from the Plaintiff’s account to the Defendant C’s Nonghyup account designated by Defendant B from the Plaintiff’s account as a loan under the above lending agreement.
(hereinafter “instant loan 1”). C.
Defendant B repaid KRW 50,00,000 among the principal of the instant loan on February 7, 2014, and paid interest thereon by August 8, 2014.
On March 3, 2014, Nonparty Company agreed to lend KRW 50,000,00 to Defendant B by setting the interest rate of KRW 2.5% per month. Defendant B, as a joint and several guarantee, is the face value of Defendant C’s household check paper.