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1. The Defendants jointly and severally pay to the Plaintiff KRW 400,000,000 and the interest rate of KRW 12% per annum from May 3, 2019 to the date of full payment.
Reasons
1. The same year as the Plaintiff’s judgment on the cause of the claim amounting to KRW 200,00,000 on August 23, 2017 to Defendant B (hereinafter “Defendant Company”)
9. The Defendant C lent KRW 400,000,000 in total to the Plaintiff on December 22, 2012 (hereinafter “instant loan”); on the same day, the Plaintiff and the Defendants jointly and severally guaranteed the above loan obligations to the Plaintiff of the Defendant Company; and on September 22, 2017, the Plaintiff and the Defendants prepared a loan certificate with the following contents and received authentication of a deed signed by a private person under the Ordinance of the Ministry of Justice No. 3116, Sept. 22, 2017, the fact that the said deed was authenticated by a notary public’s office, etc. as a notary public’s office, etc. is either disputed between the parties,
The loan certificate
1. Repayment of first loan (not later than March 12, 2018) in the event of a loan (PF) with interest of 400,000,000 won per annum on the principal and interest of 0% on the loan terms: The repayment shall be made without any condition even if it is impracticable to obtain a construction permit due to various circumstances on September 22, 2017, due to the repayment of principal on the date the principal is repaid.
3. Where it is impossible to redeem within the repayment deadline, the representative director of the defendant company shall stand joint and several sureties.
4. If the repayment is not made within the due date, the defendant company shall pay the proceeds by applying the statutory maximum interest rate from the borrowing date to the date of the principal repayment, and without any condition, transfer documents shall be submitted to the plaintiff within seven days.
According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 400,000,000 won for the loans of this case and damages for delay calculated at the rate of 12% per annum from May 3, 2019 to the day of complete payment, as requested by the plaintiff, from May 3, 2019 to the day of complete payment.
2. The plaintiff's claim against the defendants is justified, and all of them are accepted. It is so decided as per Disposition.