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1. The Defendants jointly share KRW 100 million with the Plaintiff and 24% per annum from July 7, 2012 to the date of complete payment.
Reasons
1. It shall borrow KRW 24 billion per annum from A until December 5, 2013, at the interest rate of 24% per annum.
In the event of non-performance, 35 square meters (D & 3 lots, etc.) A and B shall be transferred in the main complex 35 square meters.
B does not raise any objection to the above facts.
E B, Surety C
A. A. Around July 6, 2012, the Defendants drafted a loan certificate with the following content (hereinafter “instant loan certificate”).
B. On July 6, 2012, the Plaintiff requested F, the husband, to deposit the amount calculated by deducting KRW 1,855,000 from KRW 100,00,00 in Defendant C’s agricultural account, and F deposited KRW 98,145,00 in Defendant C’s account on the same day.
[Reasons for Recognition] Evidence Nos. 1, 2, and 3-2, the purport of the whole pleadings
2. The assertion and judgment
A. 1) The parties’ assertion 1) borrowed KRW 100 million from the plaintiff, and the defendant C jointly guaranteed or simply guaranteed the loan of the defendant B. If the defendant C is not the debtor but the debtor of the defendant C, the defendant C agreed to repay the debt to the plaintiff in lieu of the repayment of the debt to the defendant C, and thus, the defendant C bears the responsibility to approve the transfer of the claim to the plaintiff to the plaintiff by the defendant C or the obligation to the plaintiff of the defendant C. If the defendant C is the debtor, the defendant C is liable to pay the loan to the plaintiff as the principal debtor. 2) The defendant B did not borrow money from the plaintiff, and the defendant C is the defendant C.
Defendant C had a claim amounting to KRW 100 million against Defendant C, but only prepared the instant loan certificate with the Plaintiff’s intent to receive the Defendant C’s claim from Defendant B.
Defendant C only received 98,145,000 won after deducting interest from 100 million won.
B. If the objective meaning of the text is clear when the parties to a contract prepare in writing, which is a disposal document, the existence of declaration of intent according to the language and text, barring any special circumstance.