대여금
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 50,000,00 and the Defendants B from January 25, 2014 to March 22, 2015.
The Defendants agreed to borrow KRW 50 million from the Plaintiff on and around March 4, 2013, the Nam-gu E, F, G, and H total four parcels of land in Ulsan-gu, Ulsan-gu, and set up and deliver a document (Evidence A No. 1) stating “Granty” to the Plaintiff. The Plaintiff paid the above money to the Defendants and demanded the Defendants to repay the above borrowed money by January 21, 2014, around January 24, 2014, can be acknowledged in full view of the purport of the entire pleadings in accordance with Article 57(1) of the Commercial Act. According to the above facts, the Defendants are jointly and severally obligated to pay the Plaintiff the above borrowed money amount of KRW 50 million and delay damages from January 24, 2014 to May 25, 2015, each of the above Defendants’ respective claims for payment of KRW 50 million to the Plaintiff at the rate of KRW 30,000,000,0000,000,0000.
Defendant B and C acknowledged the fact that they submitted the reply and the legal brief after the closing of argument in this case, and signed and sealed the above loan certificate. However, the above loan certificate was originally made by the Plaintiff after the Plaintiff raised funds necessary for the resumption of construction and reported the commencement of construction, and then presented the data on the expenses to the Defendants, the agreement was made to reimburse the said funds up to the limit of KRW 50 million, and the said Defendants did not participate in the above business, and the said Defendants agreed not to participate in the loan agreement, and even if the loan amount was recognized, the Defendants asserted that they were in a relationship with the installment obligation. However, as seen earlier, the Defendants’ assertion that they were jointly and severally liable pursuant to Article 57(1) of the Commercial Act cannot oppose the Plaintiff’s claim, and the remainder cannot be asserted by the said Defendants.