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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 50,00,000, and 5% per annum from May 31, 2011 to September 9, 2016.
Reasons
1. On February 10, 201, the Defendants issued a written confirmation with the following content to the Plaintiff (hereinafter “instant written confirmation”).
The loan was borrowed from December 18, 2008 to August 2009, and the repayment period will be punished even if the criminal charge is filed if the repayment is not made until May 30, 2011.
B on February 10, 2011, the borrower C HaHa, the joint and several surety C Hah
2. The assertion and judgment
A. The Plaintiff asserts that, on February 10, 201, Defendant B agreed to pay the amount of KRW 50 million that was previously borrowed from the Plaintiff by May 30, 201, and Defendant C jointly and severally guaranteed the said loan obligation, the Defendants jointly and severally liable to pay the Plaintiff KRW 50 million and delay damages.
The Defendants asserted that, although they prepared and delivered the instant confirmation document, Defendant B did not borrow KRW 50 million from the Plaintiff.
B. As seen earlier, the existence and content of the declaration of intent in accordance with the content of the document should be recognized unless there is any clear and acceptable reflective evidence that denies the content of the document (see, e.g., Supreme Court Decision 2011Da9655, May 26, 201). As seen earlier, Defendant B borrowed KRW 50 million from the Plaintiff from the Plaintiff on May 30, 201 in the instant confirmation document prepared and issued by the Defendants, and as long as Defendant C stated that the said obligation is jointly and severally and severally guaranteed, Defendant B borrowed KRW 50 million from the Plaintiff as indicated in the instant confirmation document, and agreed to repay it until May 30, 201, and Defendant C jointly and severally guaranteed the said obligation.
Therefore, the Defendants jointly and severally provide a loan of KRW 50 million to the Plaintiff and the following day from May 31, 201 to September 9, 2016, which is the delivery date of a copy of the complaint of this case, shall be 5% per annum under the Civil Act, and shall be repaid from September 10, 2016.