beta
Text
Defendant B and C shall jointly and severally file for the Plaintiff KRW 129,31,507 and KRW 65,00,000 among them.
Reasons
1. Basic facts
A. On July 27, 2010, the Plaintiff, at the General Law Office, drafted a notarial deed under a monetary loan agreement with Defendant B and C (hereinafter “notarial deed of this case”) with the following content.
① On June 16, 2010, Defendant B borrowed KRW 75,000,00 from the Plaintiff as the due date of October 30, 2010 and the interest rate of KRW 24% (payment on July 20, 2010 to 20 days each month). ② The damages for delay shall be 30% per annum. ③ Defendant C shall stand as a joint and several surety for Defendant B’s obligation to the Plaintiff.
B. In addition, on September 24, 2009, Defendant B borrowed KRW 10,000,000 from the Plaintiff as of October 5, 2009.
C. From around August 22, 2006, Defendant C owned F orchard 2,646 square meters (hereinafter “instant real estate”). However, on June 27, 2010, Defendant C entered into a sales contract with Defendant D on the instant real estate (hereinafter “instant sales contract”) and completed the registration of ownership transfer to Defendant D on July 29, 2010.
On the other hand, on August 1, 2008, the registration of the establishment of a mortgage consisting of KRW 52,00,000 (hereinafter “the establishment of a mortgage on August 1, 2008”) with the creditor Seoyang Saemaul Depository, the maximum debt amount of KRW 52,00,000, and ② on August 22, 2008, the registration of the establishment of a mortgage consisting of KRW 60,000 (hereinafter “the establishment of a mortgage on August 22, 2008”) was completed respectively, and ③ on July 29, 2010, the registration of the right to claim the ownership transfer (hereinafter “the provisional registration of this case”).
[Ground of recognition] The fact that there is no dispute, entry of Gap's 3 through 5, purport of whole pleading
2. Determination as to claims against Defendant B and C
A. According to the facts of recognition 1 as to the cause of the claim, Defendant B and C are jointly and severally liable to pay to the Plaintiff KRW 75,000,000 and delay damages therefor, barring any special circumstance. Defendant B is jointly and severally liable to pay the Plaintiff KRW 10,000,000 and delay damages.