1. The Defendants shall jointly and severally pay to the Plaintiff KRW 90,000,000 and the interest rate of KRW 15% per annum from December 29, 2017 to the date of full payment.

On August 1, 2017, the Defendants stated that “A Party B (Defendant) promised to borrow KRW 90 million from A (Plaintiff) on November 10, 2016,” and written a certificate of borrowing the name and seal affixed thereon and issued it to the Plaintiff on August 1, 2017, there is no dispute between the parties.

As the so-called disposal document, the purport of the above loan certificate is clear that Defendant A borrowed KRW 90 million from the Plaintiff and promised to repay it. It is reasonable to view that Defendant C signed and sealed the above money as a joint and several surety.

As long as the establishment of an instrument is recognized as authentic, the court must recognize the existence and content of the declaration of intent as stated in the instrument, unless there is any clear and acceptable counter-proof as to the denial of the contents of the instrument.

(See Supreme Court Decision 2002Da6753 Decided June 11, 2002, etc.). The Defendants asserted that the Plaintiff and Defendant B concurrently operated the company of D with a capital sanction, and that the Plaintiff and Defendant B made an investment in the company of KRW 90 million from the death penalty and made an investment in the company and did not borrow money from the Plaintiff, on the sole basis of the fact that the Plaintiff formally necessary to show the death penalty, and Defendant B merely borrowed money from the Plaintiff.

However, since the language stated in the above loan certificate was followed and no other evidence was submitted to acknowledge the defendants' assertion, the above argument cannot be accepted.

Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of KRW 90 million and the damages for delay calculated at the rate of 15% per annum from December 29, 2017 to the date of full payment, as the Plaintiff seeks.

The plaintiff's claim against the defendants is accepted on the grounds that all the claims are reasonable.