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1. The Defendants shall jointly and severally serve as the Plaintiff KRW 55,00,000 and as a result, from June 4, 2009 to July 10, 2017.
Reasons
1. Facts of recognition;
A. On June 3, 2008, the Defendants: (a) borrowed KRW 70,000,000 from the Plaintiff; (b) paid KRW 36,000,000 in total for two years by repaying KRW 6,000,000 in three times a year; and (c) agreed that the remaining KRW 34,000,000 shall be repaid within two years; and (d) if the payment obligation is delayed, the Defendants shall lose the benefit of time and immediately repay the unpaid amount.
B. The Defendants paid to the Plaintiff KRW 15,00,000,000 in total, including KRW 10,000,000 on November 2, 2008 and KRW 5,000,00 on December 29, 2008.
[Ground of recognition] The facts without dispute, Gap evidence No. 1 (the defendant asserts that the above loan certificate was forged, but the defendants acknowledged the authenticity of the seal affixed by his name, and the authenticity of the entire document is presumed to have been established), Gap evidence No. 2-1 and 2-2, and the purport of the whole argument
2. According to the above facts of determination as to the cause of the claim, the defendants violated an agreement with the plaintiff to pay KRW 18,00,000 to June 3, 2009, within one year from the lending date, and lost the benefit of time after the lapse of June 3, 2009 agreed upon. Thus, the defendants are jointly and severally liable to pay to the plaintiff the amount of KRW 55,000,000 (=70,000-15,000-15,000), which has lost the benefit of time, from June 4, 2009 to June 4, 2009, which has lost the benefit of time, five percent per annum under the Civil Act from the date of delivery of a copy of the application for change of the purport of the claim of this case and the cause of the claim of this case until July 10, 2017, which shall be 15 percent per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings.
3. As such, the plaintiff's claim of this case is justified within the scope of the above recognition, and the remaining claims are dismissed as it is without merit. It is so decided as per Disposition.