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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. According to the overall purport of Gap evidence Nos. 1 and 2 as to the cause of the claim, and the entire purport of the pleadings, the plaintiff prepared a loan certificate stating that the amount of KRW 50 million between D and D shall be fixed and lent on December 30, 2014 between September 12, 2014 (hereinafter referred to as "the loan certificate of this case"). The defendant Eul signed his/her signature, the defendant C signed his/her seal, and the defendant C sealed his/her seal on September 17, 2014, and the plaintiff remitted KRW 15 million to D on September 17, 2014.
According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 15 million won and damages for delay calculated at the rate of 20% per annum from March 25, 2015 to the day following the delivery date of the complaint of this case.
2. The Defendants asserted as to the Defendants’ assertion that D borrowed KRW 50 million from the Plaintiff for the purpose of carrying out a new apartment-type factory construction project on the site of an automobile driving school located in Ulsan-gu, Ulsan-do, and the Defendants prepared the instant loan certificate, and the Defendants jointly and severally guaranteed for the purpose of investment. The Plaintiff paid only KRW 15 million to D irrespective of the aforementioned business, which is not a loan based on the loan certificate, and the Defendants did not bear joint and several liability pursuant to the instant loan certificate.
According to the overall purport of the statement and arguments of evidence Nos. 2 and 2, D prepared the loan certificate of this case between the Plaintiff on September 12, 2014 for the development project to establish a factory apartment on the site of the FF Motor Vehicle Research Institute located in Ulsan-gu, Ulsan-gu, and the Plaintiff first agreed to lend KRW 50 million to D. However, the Plaintiff transferred only KRW 15 million to D on September 17, 2014 while it was at the time of establishing a corporation instead of D, and D received KRW 15 million from the Plaintiff under the name of the development project.