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1. The Defendants are jointly and severally liable to the Plaintiff for 34,00,000 won and 5% per annum from December 1, 2008 to March 14, 2017.
Reasons
1. The parties' assertion
A. When the Plaintiff loaned money to the Defendants and settled cash transactions, the Plaintiff prepared a loan certificate with the agreement to pay KRW 2,00,000 on March 15, 2007 (the principal debtor D, Defendant C, joint guarantor) and KRW 50,000,000 (the principal debtor C, Defendant D, joint guarantor) on September 13, 2007. Of the total amount of KRW 52,00,000,000, the remainder of KRW 36,000,000, excluding the remainder of KRW 16,000,000, excluding the remainder of KRW 52,000,000,000, 16,000,000, - 16,000,000) and delay damages thereon.
B. Defendant C did not borrow money from the Plaintiff.
However, although the Plaintiff’s mother borrowed money from E or made a loan transaction, the Plaintiff’s mother did not accept the Plaintiff’s claim since the Plaintiff’s loan claim against the Defendant C, which engaged in credit business, ceased to exist over a five-year period, a commercial extinctive prescription.
2. Determination on the establishment of a documentary evidence
A. As to the authenticity establishment of Gap evidence Nos. 1 (the tea certificate), 2 (the tea certificate), and 4 (the tea certificate), which serve as the basis of the plaintiff's claim, the defendant C's writing, address, and resident registration number indicated in the above loan certificates, are written by the defendant C himself/herself, and the unmanned or seal impression of the defendant C cannot be acknowledged by considering the whole purport of the pleadings, since there is no dispute between the parties, or the authenticity of Gap evidence Nos. 1, 2, and 4 is presumed to have been established.
B. Meanwhile, Defendant C stated the name, address, resident registration number, etc. of each of the above loan certificates in the blank space, and thereafter, Defendant C asserted that the Plaintiff stated the Plaintiff’s name in the creditor column without Defendant C’s consent. That said, the part in the creditor’s name was blank.