Text
1. The Defendants shall jointly and severally pay to the Plaintiff KRW 42,50,000 and the interest rate thereon from January 30, 2019 to the date of full payment.
Reasons
1. The following facts do not conflict between the parties, or may be acknowledged in full view of the purport of the entire pleadings in the entries in Gap evidence 1, Eul evidence 2-1, Eul evidence 2, and Eul evidence 2:
On June 14, 2017, the Plaintiff remitted total of KRW 30,000,000 to the account under Defendant C’s name and KRW 9,000,000,000. On the same day, Defendant C remitted total of KRW 39,00,000 to the account under Defendant B’s name.
B. Defendant B borrowed KRW 45,00,000 on June 14, 2017 on June 14, 2017 and promised to pay KRW 45,00,000 until July 14, 2017. The debtor B’s cash loan certificate (hereinafter “the loan certificate of this case”).
B. Defendant C affixed his seal to the loan certificate of this case as a joint and several surety.
C. The Plaintiff received KRW 2,500,000 from Defendant B on December 28, 2017, after the instant loan certificate was drawn up.
2. Assertion and determination
A. The gist of the parties' claims is that the plaintiff lent KRW 45,00,000 to the defendant Eul, and at the time the defendant C jointly and severally guaranteed the debt of the loan to the plaintiff by the defendant Eul. The defendants jointly and severally asserted that the plaintiff is liable to pay the loan amount of KRW 42,50,000 and damages for delay.
As to this, Defendant B borrowed KRW 45,00,00 from Defendant C, and the notarial deed was prepared between Defendant C and Defendant C, and Defendant C is a creditor of the above money, Defendant B is only liable for repayment to Defendant C, and the Plaintiff is not liable for payment.
B. In other words, according to the loan certificate of this case, Defendant B promised to pay KRW 45,00,000 as an obligor according to the loan certificate of this case, as long as the authenticity of the formation is recognized, the document is a disposal document unless there is any reflective and acceptable evidence that denies the contents of the statement.