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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 125,00,000 and 5% per annum from August 2, 2011 to October 7, 2015.
Reasons
On May 15, 2011, Defendant C presented to the Plaintiff the purport of the Plaintiff’s claim as to the cause of the claim that “on the loan of money, Defendant C would make a full payment of interest and principal at the rate of 10% equivalent to the profit at the rate of 10% after a day.”
Accordingly, the Plaintiff remitted to Defendant C the total of KRW 20 million on the same day, KRW 5 million on the 18th day of the same month, and KRW 125 million on the 25th day of the same month.
Since then, Defendant C did not pay the above KRW 125 million to the Plaintiff, and the Plaintiff asked Defendant C to this effect. Defendant C provided that “The above KRW 125 million was paid to Defendant B, but Defendant B did not pay it.” On June 30, 2011, the Plaintiff prepared a loan certificate stating that “The Plaintiff would pay KRW 125 million to Defendant B by August 1, 201,” and on the same day, Defendant C guaranteed the above obligation to the Plaintiff.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the above loans of KRW 125 million and interest or delay damages from May 25, 201.
Judgment
The Plaintiff remitted to Defendant C the amount of KRW 19 million on May 16, 201, KRW 5 million on the 18th day of the same month, KRW 100 million on the 25th day of the same month, and KRW 100 million on the 27th day of the same month; Defendant C wired the sum of KRW 19 million as shown in the attached list to Defendant B from May 16, 201 to May 27, 2011; the Defendants sent the amount of KRW 19 million on June 30, 201, as stated in the attached list; the Defendants: “The amount of borrowed money, KRW 125 million on the date of maturity, KRW 15 million on the date of maturity; Defendant B and Defendant C, a joint guarantor, to the Plaintiff on August 1, 201; and delivery it to the Plaintiff on the lower end; or the purport of the entire pleadings can be acknowledged if there is no dispute between the parties or any further dispute between the parties.
According to the above facts, on June 30, 201, the Plaintiff and Defendant B’s quasi-loan for consumption (hereinafter “instant quasi-loan for consumption”) with the content that the above KRW 125 million is the object of a loan for consumption (hereinafter “instant quasi-loan for consumption”).