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1. The Defendants each amounting to KRW 22,150,000 to the Plaintiff, respectively, and KRW 5% per annum from August 11, 2013 to January 29, 2014.
Reasons
1. According to the evidence No. 1 of the judgment as to the cause of the claim No. 1, the Defendants prepared a loan certificate stating that “44,300,000 won shall be repaid to the Plaintiff from August 10, 2012 to August 10, 2013” (hereinafter “the loan certificate of this case”).
Thus, where there are several obligors pursuant to Article 408 of the Civil Code, each obligor bears the obligation at an equal rate unless there is a special declaration of intention, and the obligation of the Defendants to return the borrowed money constitutes a joint and several obligation due to its nature.
Therefore, barring any special circumstance, the Defendants are obligated to pay to the Plaintiff damages for delay at each rate of 22,150,000 per annum under the Civil Act from August 11, 2013 to January 29, 2014, which is the delivery date of a copy of the complaint in this case, and 5% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.
2. Judgment on the defendants' assertion
A. The gist of the Defendants’ assertion is 1) Nonparty D, the husband of the Plaintiff, was found in the child-care center operated by the Defendants and did not have any signature on the loan certificate. The instant loan certificate is null and void. The Defendants did not borrow money from the Plaintiff.
However, the Defendants entered into a new construction contract of a child-care center building (hereinafter “instant construction”) with Nonparty E Co., Ltd. (hereinafter “Nonindicted Company”) and completed the construction. As the Defendants did not pay the remainder of the construction payment, it is final that D, the managing director of the Nonparty Company, would pay the remainder to the Defendants. The Defendants received the instant loan certificate in the name of the Plaintiff.
In other words, the Plaintiff receives the remainder of the construction cost of this case from the non-party company.