대여금
1. Defendant B’s KRW 200,000,000 and interest rate of KRW 12% per annum from October 26, 2019 to the date of full payment.
Comprehensively taking account of the overall purport of the arguments as indicated in the evidence Nos. 1 and 2, Defendant B borrowed KRW 200,000,000 from the Plaintiff around July 7, 2017, and Defendant B and his spouse shared D Apartment E (hereinafter “instant apartment”) at the ratio of 1/2 shares, respectively, and on July 7, 2017, concluded a contract with the Plaintiff to set up a right to collateral security (200,000,000 with respect to the instant apartment in order to secure the Plaintiff’s above loan obligation, and concluded a contract with the Plaintiff to set up a right to collateral security (200,000,000) with respect to the instant apartment on July 10, 2017.
According to the above facts of recognition, Defendant B is obligated to pay to the Plaintiff the amount of KRW 200,000,000 and damages for delay at the rate of 12% per annum from October 26, 2019 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case.
Furthermore, although the Plaintiff asserts that Defendant C is a joint debtor of the above loan or a joint guarantor, and is jointly and severally liable with Defendant B, the above recognition alone is insufficient to recognize that Defendant C is a joint debtor or a joint guarantor, without being subject to the limitation on the maximum debt amount and the above maximum debt amount, by creating a collateral to the Plaintiff with respect to the 1/2 share of the above loan out of the apartment of this case. However, there is no evidence to acknowledge that Defendant C is a joint debtor of the above loan or a joint guarantor.
Therefore, the plaintiff's assertion that defendant C is a joint debtor of the above loan or a joint and several surety is without merit.
If so, the plaintiff's claim against the defendant B is justified, and the claim against the defendant C is groundless.