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1. Defendant B, Defendant C, and Defendant D jointly share with the Plaintiff, and KRW 19,586,451 as well as their related thereto from February 8, 2012 to July 2014.
Reasons
1. Facts of recognition;
A. On August 7, 2008, the Plaintiff, under Defendant C’s joint and several sureties, lent KRW 26,850,000 after deducting KRW 50 per month from the date of repayment and KRW 3,150 per month from the date of repayment and KRW 3,150,000 from the date of loan.
(The interest rate for three months based on the 30% interest rate under the Interest Limitation Act is KRW 2,030,301. Thus, the interest rate for a loan lent by the Plaintiff to Defendant B is KRW 28,880,301; hereinafter the above loan is referred to as “instant loan”).
B. On November 4, 2011, Defendant D prepared and delivered to the Plaintiff a letter of payment stating that the instant loan will be repaid by November 30, 201 (hereinafter “instant letter of payment”). Under the instant letter of payment, Defendant D’s letter of payment indicated “Defendant F and Chungcheongbuk-gun G, the representative of Defendant E Farming Partnership,” and attached the seal of the representative director of the E Farming Association, while the seal of the representative director of the E Farming Association was affixed next thereto, there was neither a certificate of corporate seal impression or Defendant F’s identification card.
C. On November 21, 201, Defendant D and B prepared and delivered to the Plaintiff a letter of payment stating that the instant loan will be repaid three times on November 21, 201 (hereinafter “instant letter of payment”) in the amount of KRW 10 million on November 21, 201, Defendant D and Defendant B paid KRW 10 million to the Plaintiff on December 31, 2011, KRW 10 million on December 31, 201, and KRW 10 million on January 31, 2012 (hereinafter “instant letter of payment”). The letter of payment, on November 21, 2011, stating the name of each of the Defendant D and Defendant B with each of the private parties, and, on November 21, 201, Defendant D and Defendant B paid KRW 10,000 if the payment was not made.
Defendant B paid to the Plaintiff the same amount as the attached Form from November 7, 2008 to February 7, 2012 with repayment of the principal and interest of the instant loan. If the amount was appropriated as stated in the attached Form, the principal of the instant loan as of February 7, 2012 shall be KRW 19,586,451.