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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 955,772,602 and KRW 725,00,000 among them, from January 21, 2016.
Reasons
1. Facts of recognition;
A. Defendant C is a person registered as an internal director of Company D and E, and Defendant C is the husband of the above company as the actual operator of the above company.
B. From October 29, 2012 to October 30, 2013, the Plaintiff paid a total of KRW 725,000,000 on 111 occasions.
C. On June 2, 2014, Defendant B prepared a monetary loan certificate (hereinafter “the instant loan certificate”) stating that “Defendant B borrowed KRW 725,000,000,000 (hereinafter “the loan”). By July 1, 2014, Defendant B paid the instant loan to the Plaintiff up to July 2, 2014, and if the repayment of the instant loan is delayed, Defendant B would pay damages for delay at the rate of 24% per annum.” However, the instant loan certificate was written by Defendant B as the debtor, Defendant C as the joint guarantor, and Defendant C’s personal seal impression was affixed, and Defendant C’s personal seal impression was also attached.
(hereinafter referred to as the “instant loan agreement”). D. The cash loan contract and joint and several guarantee contract based on the loan certificate of this case are as follows.
On the other hand, on January 20, 2016, Defendant B deposited KRW 40,00,000 among the instant loans under the instant contract with the Seoul Central District Court (Seoul Central District Court Decision 2016Da1403, Jan. 20, 2016 (hereinafter “instant deposit”), and the Plaintiff received the instant deposit.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 9 (including each number), Eul evidence No. 2, the purport of the whole pleadings
2. Judgment on the plaintiff's claim
A. According to the claim against Defendant B, barring any special circumstance, Defendant B shall pay to the Plaintiff delay damages calculated at the rate of 24% per annum, which is the agreed delay damages rate, from July 2, 2014 to the day of full payment, for the loans of this case, KRW 725,00,000,000, and for this, from July 2, 2014 following the due date.