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1. Defendant B’s ratio of KRW 250,000,000 to the Plaintiff and 24% per annum from August 30, 2011 to the date of full payment.
Reasons
1. Basic facts
A. The Plaintiff loaned Defendant B a total of KRW 250,00,000 on six occasions from October 2005 to June 2007 at the interest rate of KRW 2% per month.
B. Around September 6, 2009, Defendant B drafted an agreement with the Plaintiff to arrange the ownership of the E Sports Center located in Suwon-gu, Suwon-gu, Suwon-si, as soon as possible, to repay KRW 250,00,000, borrowed from the said Sports Center’s business funds.
C. On July 30, 2010, Defendant B prepared a loan certificate stating that, from July 30, 201 to July 30, 2011, the Plaintiff shall pay the loan amount of KRW 250,000,000 and the sum of interest at the rate of KRW 1% per month from July 30, 2007 to July 30, 201, and if the above loan amount is not repaid until the payment date, Defendant B shall pay the loan amount of KRW 2% per month plus interest at the rate of KRW 2% per month (hereinafter “the loan certificate in this case”). The loan certificate in this case is written as a joint and several surety, and Defendant C’s seal imprint is affixed.
[Ground of recognition] In the absence of dispute against Defendant C: Each entry in the evidence Nos. 1 and 2 (including numbers; hereinafter the same shall apply), the result of the Plaintiff’s personal examination, the purport of the whole pleadings against Defendant C
2. According to the facts acknowledged earlier with respect to Defendant B, Defendant B is obligated to pay to the Plaintiff the agreed interest at a rate of 24% per annum from August 30, 201 to the date of full payment, upon the Plaintiff’s claim.
3. As to Defendant C
A. The fact that Defendant C’s seal impression is affixed to the loan certificate of this case is as seen earlier. As such, the authenticity of the part indicated as joint and several sureties among the above loan certificate is presumed (Article 358 of the Civil Procedure Act). However, the presumption of the establishment of the above authenticity is revealed to have been made by a person other than the holder of the title deed, or is contrary to the intention of the holder of the title deed.