대여금
Defendants are jointly and severally liable to the Plaintiff for KRW 45,00,000 and 6% per annum from October 16, 2018 to July 6, 2020.
The Plaintiff, on January 9, 2018, remitted KRW 45 million to Defendant B on the ground of the claim, and Defendant B, on September 6, 2018, prepared a loan certificate stating that the Plaintiff borrowed KRW 45 million as construction expense and delivered it to the Plaintiff on September 6, 2018. On the same day, Defendant C has jointly and severally guaranteed the obligation to return the loan. Defendant B, on September 12, 2018, prepared and issued a promissory note No. 192, which was the date of payment, at the face value of the Plaintiff on September 12, 2018, and the date of payment on October 15, 2018 (hereinafter referred to as “notarial deed of this case”). The fact that: (a) there is no dispute between the parties; or (b) it may be recognized by comprehensively taking into account the overall purport of pleadings as stated in subparagraphs 1 through 3, and 1.
According to the above facts of recognition, the defendants are jointly and severally liable to pay to the plaintiff 45 million won of the above loan and damages for delay calculated at the rate of 6% per annum as stipulated in the Commercial Act from October 16, 2018 to July 6, 2020, the delivery date of the copy of the complaint of this case, and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, as requested by the plaintiff.
2. As to Defendant B’s assertion, Defendant B asserted that the Plaintiff’s claim is groundless, since Defendant C’s transfer of KRW 26 million out of the above borrowed money to Defendant C’s spouse E’s account and had the Plaintiff repay it. As to the remainder of KRW 19 million, the Plaintiff’s claim is without merit.
Only on the basis of the evidence Nos. 1 and 2, it is insufficient to acknowledge that Defendant B transferred the money to Defendant E’s financial account to the Plaintiff with the repayment of KRW 26 million, which is part of the borrowed money, and there is no other evidence to acknowledge otherwise.
On the other hand, the fact that Defendant B prepared and executed the notarial deed of this case to the Plaintiff is as seen earlier, but the notarial deed has an executory power.