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1. The plaintiff (Counterclaim defendant)'s main claim against the defendant (Counterclaim plaintiff) C shall be dismissed.
2. The defendant B.
Reasons
1. The following facts are either in dispute between the parties or in Gap evidence Nos. 1, 3-5 (the part of the repayment method as seen below) (the part of the repayment method as seen below) was added to and altered by the plaintiff subsequent to the plaintiff without permission. However, there is no evidence to support this, the above assertion is difficult to accept), Eul, or Eul evidence Nos. 6 and 7, and the whole purport of the pleadings can be acknowledged.
Defendant B worked for the “E” hospital operated by the Plaintiff from August 22, 2016 to May 31, 2017, the city of Changwon-si (hereinafter “instant hospital”).
B. On August 25, 2016, Defendant B received KRW 50 million from the Plaintiff on August 25, 2016, and prepared a loan certificate (Evidence A (hereinafter “instant loan certificate”) to the Plaintiff. However, the following is stated therein:
The next amount of increase: 50,000 won borrowed as of August 25, 2016, and promises that the repayment method will proceed with the following contents:
- - Future - Principal: No loan period: 12 months (from September 1, 2016 to August 31, 2017): interim assessment and re-assessment based on the total sales performance for six months;
- Sales Performance: 20 million won per month - KRW 2.5 billion per month - KRW 30 million per month of evaluation; on August 25, 2016, creditors (resident registration number and signature omitted): A (resident registration number and signature omitted)
C. Meanwhile, in the position of Defendant B’s agent as well as a notary public on September 19, 2012, Defendant C pays the loan amount of KRW 617 million to Defendant C up to August 3, 2013, and the interest rate of KRW 5% per annum and KRW 20% per annum. In the case of the sale of “G convalescent hospital” operated by Defendant B, Defendant C’s agent, as the notary public entrusted to the notary public on September 19, 2012, the notary public paid the loan amount of KRW 617 million to Defendant C up to August 3, 2013 (hereinafter “instant authentic deed”).