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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 109,863,013 and KRW 100,000 among them, from December 5, 2019 to December 12, 2019.
Reasons
1. Comprehensively taking account of the overall purport of the pleadings as to the grounds for the claim No. 3, the Plaintiff entered into a monetary loan agreement with the Defendant Company B (hereinafter “Defendant Company”) on November 9, 2018 with the terms of lending KRW 100 million to the Defendant Company as of November 8, 2020, the Plaintiff entered into a loan agreement with the Defendant Company as of November 9, 2018, with the interest rate of KRW 24% per annum, and due date of repayment. Defendant C, D, and E have jointly and severally guaranteed the Defendant Company’s obligation to borrow loans to the Plaintiff; the payment of interest under a monetary loan agreement between the Plaintiff and the Defendant Company is determined to lose the benefit of time when the interest is overdue; and the Defendant Company did not pay the interest on the loan obligations from July 8, 2019 to the date
According to the above facts, since the defendant company has lost the interest payment due to the delay in the payment of interest under a monetary loan agreement, it is obligated to pay the plaintiff the borrowed amount of KRW 100 million and the interest and delay damages due to the borrowed amount, and the defendant C, D, and E are jointly and severally liable to pay the borrowed amount, interest and delay damages with the defendant company as a joint and several surety.
2. The Defendants asserted as to the Defendants’ assertion that F, who entered into a monetary loan agreement on behalf of the Plaintiff, prepared an authentic document of KRW 300 million, including the Plaintiff’s loan obligation, and F, upon the said promissory note’s authorization, received a seizure and collection order of the claim based on the said authentic document, and F, upon the Plaintiff’s delegation, received a promissory note, and the Defendants cannot repay the Plaintiff’s loan obligation on account of the risk of double payment.
According to the evidence Nos. 8 and 15-1 and 2 of the evidence Nos. 15-2, Defendant D issued a promissory note with F on November 19, 2018 at the face value of KRW 300 million with F as the addressee, and the record of a notarial deed with respect to the said promissory note was made by F as the executive title, and F as the claim of Defendant D with F as the executive title.