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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 as well as 18% per annum from May 1, 2009 to the date of full payment.
Reasons
1. Loan credits;
A. On May 18, 1994, the Plaintiff loaned KRW 100 million to Defendant B at 18% per annum and due date on May 18, 1995.
(hereinafter referred to as “the instant loan claim” or “the instant loan obligation”
Defendant C guaranteed Defendant C’s debt of the loan of this case.
【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1, 2, and 3, and the purport of the whole pleading
2. Determination as to Defendant C’s assertion of denial of joint and several sureties
A. Defendant C’s assertion that Defendant C had not jointly and severally guaranteed the Defendant C’s obligation to borrow the instant loan to the Plaintiff.
Defendant C left Defendant C’s seal impression in order to use the building site and ground house from Defendant B, who is a third village, in relation to the permission to build a new house, after obtaining a title trust from Defendant B, Kimhae-si.
However, without Defendant B’s consent, E obtained a certificate of the personal seal impression issued under Defendant C’s name without Defendant C’s consent, and delivered the certificate of the personal seal impression and the personal seal impression of Defendant C to Defendant B.
In addition, without Defendant C’s consent, Defendant C prepared a letter with respect to the obligation of the loan of this case to the Plaintiff using Defendant C’s seal imprint and a certificate of personal seal impression.
B. According to the statements in Gap evidence No. 1, the following facts are acknowledged.
On June 20, 1994, the letter of certification was drawn up as No. 3608, 1994, on each letter stating the purport that Defendant C shall stand joint and several sureties for the debt of the instant loan.
In each of the above, the defendant C’s seal imprint is affixed to the name side of the defendant C, and the defendant C’s personal seal imprint is attached to the defendant C’s personal seal imprint, the children of the defendant C, who are the children of the defendant C, with the delegation of the defendant C.
On the other hand, at the time of the preparation of the above certificate, the defendant C delegated the defendant B to prepare the certificate, and the defendant B is the representative of the defendant C.