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1. The Plaintiff:
A. Defendant D Co., Ltd. shall be KRW 250,000,000 and its amount shall be from November 26, 2012 to the date of full payment.
Reasons
1. Basic facts
A. On January 31, 2012, the Plaintiff has completed registration of credit business under the Act on Registration of Credit Business, etc. and Protection of Finance Users, and has engaged in credit business.
B. On July 25, 2012, the Defendants issued to the Plaintiff a certificate of borrowing (hereinafter “instant loan certificate”) with the following content.
I agree to perform the obligations as follows, as I have received the above amounts of 250,000,000 Won from your first day of gold, as I have received the above amounts:
1. The Plaintiff’s maturity is October 24, 2012.
2.The interest shall be 3% per month and the overdue interest shall be 39% per annum.
Defendant B (Attachment) The obligor’s joint and several sureties Co., Ltd. (trade name after change: Defendant D Co., Ltd.)’s (a seal after change), Plaintiff Ha (based on recognition), Plaintiff Ha (based on recognition), and the purport of the entire pleadings.
2. Determination as to the Plaintiff’s claim against Defendant B and C
A. The Plaintiff asserted that the Plaintiff lent KRW 250,000,000 to Defendant B and C. As such, Defendant B and C are jointly and severally liable to pay KRW 250,000,000 to the Plaintiff as well as damages for delay.
B. Determination 1) In a case where the authenticity of a dispositive document is recognized, the existence of a juristic act in its content must be recognized unless there are special circumstances to the contrary, i.e., clear and acceptable, as to the existence of the expression of intent expressed in the document (see, e.g., Supreme Court Decision 2000Da38602, Oct. 13, 200). 2) According to the loan certificate in this case, the Plaintiff is recognized to have lent KRW 250,000 to the Defendant B and C. In a case where several persons jointly borrow money, the obligation to return the borrowed money constitutes a installment liability unless there is any special circumstance to the jointly and severally liable for the repayment of the borrowed money (see, e.g., Supreme Court Decision 200Da38602, Oct. 13, 200).
3) Accordingly, Defendant B and C shall be the Plaintiff’s respective loans of KRW 125,00,000 (=250,000,000) ¡¿ 1/2 and due date for payment.