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Defendant B and C jointly and severally with the Plaintiff KRW 120,000,000, and Defendant B and C with respect thereto from June 16, 2020, and Defendant C with respect thereto from June 16, 2020.
Reasons
1. According to the overall purport of evidence Nos. 2 and 5 of the claim No. 2 and 5 against Defendant B and C, it is recognized that the Plaintiff loaned KRW 120,00,000 to Defendant B and C on December 16, 2014, “The method and period for repayment: 4,000,000 per annum from December 19, 2014 to June 19, 2017, interest rate: 5% per annum on the balance of repayment and 20% per annum per annum.”
According to the above facts, the defendants are jointly and severally liable to pay damages for delay calculated at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from June 16, 2020 to the date of service of the original copy of the complaint or payment order in this case as requested by the plaintiff, as the date following the date of service of the original copy of the complaint or payment order in this case, as the plaintiff seeks, even if they excludes the money paid by the plaintiff, from the principal and interest of the loan principal to the plaintiff, and from March 24, 2020 to the date of full payment.
2. Claim against Defendant D
A. On December 16, 2014, the purport of the claim is that “The repayment method and repayment period: KRW 4,000,000 on the 19th day of each month from December 19, 2014 to June 19, 2017; interest redemption: 5% per annum on the balance; and 20% per annum on the overdue interest.” As the Plaintiff loaned to Defendant D the loan amounting to KRW 120,000,00 for operating capital, the Plaintiff sought payment of KRW 120,000,000 per annum.”
B. There is no dispute between the parties that the stamp image on Defendant D’s name is based on the seal of Defendant D, which is indicated in the judgment fee book, “a copy of the tea” (No. 2).
However, there is no dispute between the parties, or according to the overall purport of the statement and pleading set forth in No. 5, it is possible for a person who affixes the seal of Defendant D to recognize facts that are not Defendant D. Thus, the part of the above document is forged and cannot be used as evidence. Meanwhile, it is different from the Plaintiff’s submission.