The Defendants shall jointly and severally serve as KRW 100,000,000 for the Plaintiff and as a result, from August 22, 2017 to May 26, 2020.

Facts of recognition

A. On May 11, 2017, the Plaintiff loaned KRW 100 million to Defendant B Co., Ltd. (hereinafter “Defendant Company”) on a set of August 22, 2017 as the maturity date for payment (hereinafter “instant loan obligations”).

B. Defendant C and D jointly and severally guaranteed the payment of the instant loan obligation on May 11, 2017.

[Ground of recognition] Uncontentious facts, entry of Gap evidence 1 through Gap evidence 3, the purport of the whole pleadings (the plaintiff and defendant C, and D), and the constructive admission pursuant to Article 150(3) of the Civil Procedure Act (the plaintiff and defendant company)

2. According to the above facts of recognition, the Defendants are jointly and severally obligated to pay to the Plaintiff the amount of KRW 100 million borrowed, KRW 5% per annum from August 22, 2017 to May 26, 2020, which is the date of the final delivery of the copy of the complaint of this case, and KRW 12% per annum from the next day to the date of full payment.

In regard to this, Defendant D asserts that the above defendant did not have a joint and several surety for the payment of the loan of this case and that there is no fact that he signed the certificate of borrowing (Evidence A 1).

On the first hearing date, Defendant D appeared to have been present at the above loan certificate and the signature on the loan certificate was similar to his own writing. The signature on the loan certificate is unique to the other person who makes it difficult for Defendant C or E (the representative director of the Defendant company), F to affix his signature on the above loan certificate and put his signature or seal on the above loan certificate, and Defendant D did not put his signature on the above loan certificate. However, Defendant D did not put his signature on the above loan certificate. If it is true, the other person who puts his signature on the name next to the above loan certificate cannot find any motive or reason to forge Defendant D’s signature on the other hand, and it is revealed to the purport of the entire pleadings such as the statement attitude at the first hearing date.