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1. Of the judgment of the first instance court, KRW 40,00,000 for Defendant B and C, and KRW 5% per annum from July 1, 2006 to April 24, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff asserted that the Plaintiff lent KRW 38 million in cash to Defendant C on or around March 2004, and that Defendant C borrowed KRW 28 million, but there is no evidence to acknowledge each of them.
B Lending from May 31, 2004 to December 1, 2005, Defendant C repaid an amount equivalent to KRW 2,6790,000 in the name of himself/herself or his/her wife B by means of remitting to the Plaintiff’s account ( No. G account number and account number H).
B. The Plaintiff lent KRW 10 million to Defendant C on Nov. 1, 2005. Upon request from Defendant C, Defendant E prepared and delivered the loan certificate (Evidence A 3) on Oct. 31, 2005, which became the name of the first representative director E in the name of the company in charge of the settlement of the loan in order to guarantee the above loan debt upon request from Defendant C.
C. On December 1, 2005, the Plaintiff extended additional KRW 10 million to Defendant C, and on December 12, 2005, from Defendant C borrowed KRW 40 million from the Plaintiff, the Plaintiff was issued and delivered a monetary loan certificate (Evidence A2, hereinafter “the instant loan certificate”) to the effect that “the Defendant C borrowed KRW 40 million from the Plaintiff, and the interest would be repaid by the end of each month, and the principal would be repaid by June 30, 2006,” and the Defendant B jointly and severally guaranteed the above loan KRW 40 million from Defendant C on the same day.
After drawing up the loan certificate of this case, the Plaintiff received respectively money of KRW 1,00,000 from Defendant B on January 5, 2006, KRW 100,000 on February 24, 2006, KRW 500,000 on May 31, 2006, and KRW 3,800,000 on July 10, 2006 from Defendant C ChoJ.
E. Meanwhile, upon introduction by Defendant C, the Plaintiff paid in cash the amount of KRW 1 million on October 11, 2004 to Defendant D, and transferred the amount of KRW 9 million on October 12, 2004 and KRW 5 million on October 12, 2004 to Defendant D’s corporate account, which Defendant D serves as K.
[Reasons for Recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, and defendant C’s stamp image part are without dispute over the identity of the stamp image, and defendant B’s unmanned part is based on the result of the appraisal by the first instance trial appraiser F.