beta
Text
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 400,301,369 and KRW 400,000,000 among them.
Reasons
1. Basic facts
A. On January 14, 2009, the Plaintiff loaned KRW 600,000,00 to Defendant D on April 13, 2009 due date and KRW 4% per month of delayed interest rate (hereinafter “instant loan”). Defendant Seowon District Co., Ltd., Ltd., and Defendant B and Defendant C jointly and severally guaranteed the instant loan obligations against the Plaintiff on the same date.
B. At the time of the loan of this case on January 14, 2009, the Plaintiff issued a promissory note in Seoul (hereinafter “instant promissory note”) with the Defendants on January 14, 2009, with a view to securing the loan of this case, the Plaintiff prepared a notarial deed (No. 61, 2009, No. 200,000,000,000,000) with a view to obtaining the loan of this case from the Defendants, and with respect to the Promissory note in this case with the Defendants, a notarial deed with the purport that the Defendants did not raise any objection even if the Defendants delayed the payment of the instant amount, even if they were subject to compulsory execution from the Plaintiff (hereinafter “notarial deed in this case”).
C. On April 10, 2009, Defendant D repaid KRW 200,000,000 among the instant loans to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 3-1 through 6, Gap evidence 4, 5, 8, and 9, the purport of the whole pleadings
2. Judgment as to the plaintiff's primary claim against the defendants
A. According to the above facts, barring any other special circumstances, the Defendants are jointly and severally liable to pay to the Plaintiff interest at the rate of 30% per annum, which is the interest rate for delay from April 14, 2009 to the date of full payment, within the limit of 40% per annum, which is the interest rate for delay, from April 14, 2009 to the date of full payment.
B. (1) Determination of the Defendants’ assertion (1) as to the Plaintiff’s assertion that the Plaintiff was not a creditor of the instant loan is the Defendants’ assertion.