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1. Defendant B’s KRW 30,000,000 and interest rate of KRW 25% per annum from July 21, 2013 to the date of full payment.
Reasons
1. Basic facts
A. On April 22, 2013, the Plaintiff loaned KRW 30,000,000 to Defendant B for interest rateing to 3% per month and by July 20, 2013 (hereinafter “instant loan”).
B. At the time of the instant lending at the Certified Judicial Scriveners Office, the loan certificate (hereinafter “the loan certificate of this case”) was prepared in relation to the said loan. Defendant C, which was the wife of Defendant C, entered in the above loan certificate as a joint and several surety, affixed the seal of Defendant C, and attached the certificate of personal seal impression issued by Defendant C, but at the time, Defendant C was not present at the scene.
C. Meanwhile, Defendant C offered real estate owned by Defendant B as security to secure the obligation of the instant loan to the Plaintiff.
[Ground of Recognition] Defendant B: Judgment by public notice (Article 208(3)3 of the Civil Procedure Act): Defendant C: Each entry, dispute, and the purport of the whole pleadings
2. Determination
A. According to the facts of the above recognition of the claim against Defendant B, Defendant B is obligated to pay the Plaintiff the above loan amount of KRW 30,000,000,000 as well as damages for delay with an agreement of 25% per annum from July 21, 2013 to the date of full payment, which is the day following the due date.
B. The summary of the Plaintiff’s assertion 1) Defendant C is a joint and several surety for the instant loan and has the duty to repay the debt based on the said loan. Even if not, the Plaintiff believed that Defendant C had a legitimate authority to act on behalf of the Defendant, and thus, Defendant C is jointly and severally liable with Defendant B in accordance with the apparent representation doctrine under Article 126 of the Civil Act, on the ground that there were justifiable grounds to believe as such, and thus, Defendant C is jointly and severally liable to pay the above loan to the Plaintiff. (2) A) First of all, the Plaintiff’s burden as a joint and several surety on the instant loan certificate is examined as to whether the said loan certificate bears the responsibility as a joint and several surety.