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1. The Defendants are jointly and severally and severally liable to the Plaintiff for KRW 646,557,377 and KRW 500,000,000 among them.
Reasons
1. Facts of recognition;
A. From May 24, 2013 to May 27, 2013, the Plaintiff lent KRW 500,000 to Defendant B.
B. On June 2, 2014, Defendant B: (a) made out a monetary loan certificate (hereinafter “the instant loan certificate”) stating that the Plaintiff would pay KRW 500,000,000 to the Plaintiff by July 1, 2014; and (b) if the repayment of the loan is delayed, Defendant B would pay damages for delay at the rate of 24% per annum; (c) the above loan certificate is written by Defendant B as the debtor; and (d) Defendant C is written as the joint guarantor; (c) each Defendant’s seal impression is affixed; and (d) the certificate of seal impression is also attached.
(hereinafter) The money loan contract and joint and several guarantee contract based on the above loan certificate are "this case contract". 【Ground for recognition: the fact that there is no dispute, each entry in Gap evidence 1 and 2, and the purport of the whole pleadings】
2. Determination as to the cause of action
A. According to the facts of the above recognition of the claim against Defendant B, Defendant B is obligated to pay the Plaintiff the amount of KRW 500,000,000,000 as above and the damages for delay calculated at the rate of 24% per annum, which is the agreed interest rate from July 2, 2014 to the date of full payment.
B. 1) The Plaintiff asserted that Defendant C has the obligation to pay the borrowed amount to the Plaintiff in accordance with the legal doctrine of representation under Article 126 of the Civil Act, on the ground that Defendant C offered his seal impression and a certificate of personal seal impression to Defendant C, or that Defendant C granted his authority to execute a joint and several liability contract, in a kind of partnership business relationship with Defendant B, or that Defendant C has a right to represent the joint and several liability. The Plaintiff believed that Defendant B had a right to represent the joint and several liability, and that Defendant C also has a duty to pay the borrowed amount to the Plaintiff in accordance with the legal doctrine of representation under Article 126 of the Civil Act.