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1. The Defendants jointly and severally pay to the Plaintiff KRW 149,842,90 and KRW 80,000 among them, from May 26, 2016.
Reasons
1. Basic facts
A. On March 5, 2012, the Plaintiff prepared a loan certificate with Defendant C and D stating that “the Defendant clearly received KRW 80,00,000 from the Plaintiff and agreed to perform the obligation as follows, and the maturity of principal shall be until September 4, 2012, and interest shall be determined at 2.5% per month (hereinafter “the first loan certificate of this case”). At the bottom of the above loan certificate, the Defendants’ signature and seal are written, and among which, at the time, the Defendant B’s signature and seal was affixed abroad, Defendant C substituted for Defendant C.
B. On September 2012, Defendant B prepared a loan certificate stating that “Around March 5, 2013, the repayment period of KRW 95,00,000 per day, interest 2.5%, and the said amount will be repaid within the said date” (hereinafter “the second loan certificate”) to the effect that Defendant B recognized the Plaintiff’s obligation under the instant first loan certificate, and the date on which the said loan certificate was issued was written retroactively on March 5, 2012.
C. The Plaintiff filed for a voluntary auction of real estate E and F (Dual) with the Daegu District Court Kimcheon-Support E and received dividends of KRW 18,463,946 in the above auction procedure, where the Defendants did not repay their debts due to the First and Second Verifications.
Meanwhile, as of May 25, 2016, the total sum of the principal and interest of the Plaintiff’s loans to the Defendants was KRW 168,306,849 (the principal amount of KRW 80,000,000 and delay damages).
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, Eul evidence 1, the purport of the whole pleadings
2. According to the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the agreed damages for delay within the scope of the Interest Limitation Act calculated by the ratio of 25% per annum from May 26, 2016 to the date of full payment as to KRW 149,842,90 (16,849 won - 18,463,946 won) and the principal amount of KRW 80,000,00, which is the principal amount, as the Plaintiff seeks.
The plaintiff is principal 80.0