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1. Defendants B, C, and D shall jointly and severally serve as KRW 30,000,000 on the Plaintiff and as a result, from March 28, 2016 to August 17, 2016.
Reasons
1. Determination on loan claims
A. The fact that the Plaintiff, on July 17, 2015, lent KRW 30 million to Defendant C and D in terms of expenses for beauty art rooms within three months from the date of the lease; and the fact that Defendant C’s mother guarantees the above loan obligation does not conflict between the parties.
B. In a case where there is a guarantor for judgment, if the guarantee is either a commercial activity or the principal obligation is based on a commercial activity, the principal obligor and the guarantor are jointly and severally liable (Article 57(2) of the Commercial Act). In a case where both parties are liable to repay not only claims arising from all commercial activity, but also claims arising from an act that constitutes a commercial activity only one of the parties. Such commercial activity includes not only the basic commercial activity falling under each subparagraph of Article 46 of the Commercial Act, but also ancillary commercial activity that the merchant performs on behalf of the parties. It is presumed that the merchant’s act is performed for the business (see, e.g., Supreme Court Decision 2009Da10098, Mar. 11, 2010). According to the above facts, Defendant C and D, the principal obligor, borrowed money from the Plaintiff to raise expenses for beauty practice, and the Defendant B, the principal obligor, and thus, is not entitled to the highest search right under the Commercial Act.
Therefore, Defendant B, C, and D are jointly and severally liable to pay to the Plaintiff the above loan amount of KRW 30 million and damages for delay calculated at the rate of 5% per annum as prescribed by the Civil Act from March 28, 2016 to August 17, 2016, which is the delivery date of a copy of the complaint of this case, and 15% per annum as prescribed by the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment.
2. Determination on the claim for revocation of fraudulent act
(a) There was ownership of net F (1) net F (Death on December 30, 2015).