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1. Defendant B’s 20,000,000 won and the interest rate of 15% per annum from March 9, 2016 to the date of full payment.
Reasons
1. Basic facts
A. On June 3, 2015, the Plaintiff leased KRW 30,000,00 to Defendant B with interest rate of KRW 20% per annum and due date of payment on July 3, 2015, and received a loan certificate (Evidence A 1) from Defendant B. The above loan certificate is written by Defendant C as a joint and several surety, and Defendant C’s seal is affixed.
B. Defendant B is the Plaintiff on July 3, 2015.
The principal and interest of the loan was paid 30,500,000 won.
C. After that, on July 6, 2015, the Plaintiff lent KRW 30,000,000 to Defendant B again, and Defendant B deposited KRW 5,000,000 on July 24, 2015 to the Plaintiff, and paid KRW 10,00,000 as principal and part of interest.
[Ground of recognition] Facts without dispute, Gap evidence 1, 3, Eul evidence 1, the purport of the whole pleadings
2. According to the above facts of recognition as to the claim against Defendant B, Defendant B is obligated to pay to the Plaintiff the remainder of the leased principal of July 6, 2015 (30,000,000 won - 10,000,000 won) and damages for delay at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from March 9, 2016 to the day of full payment, as sought by the Plaintiff.
3. Determination as to the claim against Defendant C
A. 1) The Plaintiff’s legitimate representative assertion 1) The Defendant C (hereinafter referred to as “Defendant C” in paragraph 3, and Defendant B’s “Defendant B”.
(2) The Plaintiff asserted to the effect that the Defendant and B are jointly and severally liable to pay the above loan to the Plaintiff on July 6, 2015, on the following grounds: (a) while delivering the seal to B, the Defendant was authorized to prepare the loan certificate in this case as a joint and several surety of the loan certificate in this case; and (b) B prepared the loan certificate in this case on behalf of the Defendant as a joint and several surety of the above loan certificate in this case on behalf of the Defendant; and (c) as the above certificate was lent to KRW 30,00,000 on behalf of the Defendant on behalf of the said Defendant, the Defendant