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1. The Plaintiff:
A. Defendant B’s KRW 22,00,000 and as regards this, from February 4, 2017:
B. Defendant C is the Defendant B.
Reasons
1. In addition to the purport of the entire pleadings in the evidence No. 1 to No. 3 of the claim against Defendant B, the Plaintiff may recognize that (i) around August 20, 2015, the Plaintiff loaned to Defendant B KRW 10,000,000 (on December 4, 2015, the repayment period), around November 4, 2015, KRW 10,000 (on March 4, 2016, the repayment period), and KRW 5,000,000 (on November 30, 2015, the payment period) around November 30, 2015, KRW 25,000,000 (on March 1, 2016), and ② Defendant B discharged KRW 3 million.
Therefore, Defendant B is obligated to pay to the Plaintiff the remainder of 22,00,000 won and damages for delay calculated at the rate of 15% per annum from February 4, 2017 to the day of full payment following the delivery of a copy of the complaint of this case sought by the Plaintiff.
2. As to the documents submitted by the claimant party to the defendant C, it should be clearly stated that the documents have been prepared first by the will of the claimant who is alleged to be the originator.
First, Defendant C is a joint and several surety of the loan certificate (Evidence A) dated August 20, 2015, which was signed by Defendant C. Therefore, Defendant C is a joint and several surety, and Defendant C is obligated to pay KRW 10,000,000, which is the debt of the above loan certificate, and damages for delay.
However, Defendant C asserts to the effect that there is no signature on the remainder of the loan certificates (No. 2) and the letter of payment (No. 3).
In regard to this, the Plaintiff asserted to the effect that the Defendants were in the relationship with each other, and that the Defendant C confirmed the intent of guarantee by telephone after the receipt of the above loan certificate and the payment note from Defendant B. However, the evidence submitted by the Plaintiff alone is insufficient to deem that the part of the joint and several surety of the above loan certificate and the payment note was prepared by Defendant C’s intent,
Therefore, Defendant C, jointly and severally with Defendant B, served the Plaintiff with the original copy of the instant payment order, which was KRW 10,000,000, out of the loan amount of KRW 22,000,000, and which was accordingly.