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1. Defendant B’s interest rate of KRW 51,60,000 and KRW 40,000 among the Plaintiff shall be from September 7, 2017 to the day of full payment.
Reasons
1. As to the claim against Defendant B, on April 1, 2013, Defendant B borrowed KRW 40,000,000 to the Plaintiff (hereinafter “this case’s monetary tea”) and Defendant B paid the said borrowed money to the Plaintiff on March 30, 2014, the loan certificate No. 1, hereinafter “this case’s loan certificate”).
(1) The parties concerned have no dispute over the fact that: (a) as of July 2017, Defendant B’s total amount of the principal and interest payable to Defendant B was KRW 51,60,000 (i.e., principal amount of KRW 40,000,000 overdue interest of KRW 11,60,000).
Thus, Defendant B is obligated to pay to the Plaintiff damages for delay at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, etc. from September 7, 2017 to the day of full payment, which is the day following the delivery of the original copy of the instant payment order, sought by the Plaintiff with respect to KRW 51,600,000, and the principal amount of KRW 40,000 among them.
2. As to the claim against the defendant C
A. Defendant B, the gist of the Plaintiff’s assertion, stated his wife C in the loan certificate of this case as a joint and several surety, affixed his seal imprint, and Defendant C granted the right of representation to the Defendant with respect to the above joint and several surety. Defendant C, as a joint and several surety, is jointly and severally liable to repay the above principal and interest arising from the money borrowed of this case.
B. As to the judgment, Defendant C asserted that his seal impression design, etc. kept by Defendant C, the husband, was used without permission, and that there was no fact of granting his right of representation in relation to the above joint and several liability, so it is not sufficient to recognize that Defendant C granted his right of representation to the Defendant B in relation to the above joint and several liability, and there is no other evidence to acknowledge it. Thus, the Plaintiff’s claim against Defendant C cannot be accepted.
3. Therefore, the plaintiff's claim against the defendant B is justified, and the claim against the defendant C is dismissed as it is without merit. It is so ordered as per Disposition.