대여금
1. Of the part against the principal lawsuit in the judgment of the court of first instance, the following payments shall be made to the defendant (Counterclaim Plaintiff) B and the defendant C:
In fact, Defendant B became aware of the judgment on the cause of the principal claim, while Defendant B was in charge of debt collection and credit investigation as the principal team leader of Solomon Credit Information Company, and Defendant C, as the team leader of the said K Team, was in charge of debt collection and credit investigation.
On July 16, 2013, the Plaintiff loaned the amount of KRW 50 million to the Defendants as of July 31, 2013.
On February 21, 2014, the Plaintiff loaned KRW 120 million to Defendant B as of April 21, 2014, and on the same day, Defendant C guaranteed Defendant B’s above loan obligation to the Plaintiff.
The Plaintiff received KRW 23 million, in total, from the Defendants, as the principal repayment amounting to KRW 50 million on July 16, 2013, around August 2, 2013, KRW 10 million on or around August 7, 2013, KRW 9 million on or around August 7, 2013, and KRW 4 million on or around September 16, 2013.
[Ground of recognition] In light of the fact that there is no dispute, Gap evidence 1-2, 3, and 2-1, 2-2, Eul evidence 3-1, 3-2, and Eul evidence 3-1, and the purport of the whole pleadings, the defendants, who are the principal debtor or joint guarantor, are jointly and severally liable to pay damages for delay to the plaintiff from April 22, 2014, which are due date for repayment of borrowed money, to the plaintiff, unless there is any special circumstance.
The amount of KRW 50 million borrowed by the Defendants on July 16, 2013 is the money borrowed by the Defendants as joint borrowers. In this case, in principle, the Defendants’ obligations owed by the Defendants are divided obligations pursuant to Article 408 of the Civil Act. However, there is room to regard the Plaintiff’s claims seeking payment jointly and severally by the Defendants. Rather, the Defendants asserted that the Defendants jointly paid KRW 23 million out of the above borrowed money, and Defendant C is in the position of joint and several guarantors with respect to KRW 120 million borrowed on February 21, 2014.