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1. Defendants jointly and severally liable to the Plaintiff KRW 99,530,000 and Defendant C from June 1, 2015 to December 28, 2015.
Reasons
1. The Plaintiff paid money on several occasions from June 2013 to March 2015 under the name of the purchase price for the land to Defendant B.
On April 21, 2015, Defendant B drafted a loan certificate stating that the remaining amount of KRW 99,530,000 paid to the Plaintiff would be repaid by the end of May 2015.
Defendant C, the mother of Defendant B, signed and sealed the above loan certificate as joint and several sureties.
[Ground of recognition] Facts without dispute, entry of Gap 1, 3-10 evidence, purport of the whole pleadings
2. If so, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 99,530,000, and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from June 1, 2015 to June 28, 2015 (Defendant C shall be December 28, 2015; Defendant B shall be April 21, 2016), and damages for delay calculated at the rate of 15% per annum prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
3. Defendant C’s assertion
A. Defendant C asserts to the effect that the joint and several sureties signed and sealed by Defendant C by threatening the Plaintiff’s child D and E to detain the Defendant B if the Plaintiff’s child D and E did not sign and seal on the loan certificate as a joint and several sureties.
However, there is no evidence to acknowledge Defendant C’s assertion, and such assertion is without merit.
B. Defendant C asserts that since it is F to pay money to Defendant B, F, not the Plaintiff, is a creditor.
However, considering that the Plaintiff and F are marital relations, and the Defendants made a loan certificate to the Plaintiff (Evidence A1 and 13) and the creditors who lend money to Defendant B are the Plaintiff.
This argument is not accepted.
4. To accept the Plaintiff’s claim for the conclusion of the agreement.