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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 80,286,510 and KRW 49,084,803 among them, from February 7, 2017.
Reasons
1. Facts of recognition;
A. The Plaintiff and Nonparty B are married, and the Defendants are married and married, and the Defendants are also married and married, with the knowledge of both parties by Defendant C’s accounting work at the business entity of Defendant C.
B. Upon receiving a request for monetary loan from Defendant C, on February 22, 2005, the Plaintiff transferred KRW 80,000,000 to Defendant C’s account by using the head of Tong B’s account, the husband.
C. Defendant C remitted KRW 1,200,000 per month from March 21, 2005 to May 21, 2005, as indicated in the repayment column of the principal and interest calculation statement from March 21, 2005 to May 21, 2005; and from June 21, 2005 to April 201, Defendant C remitted KRW 750,00 per month (7 times of shortage); from May 201 to November 2012, KRW 50,00 per month from May 201 to January 30, 2007; and each amount of KRW 30,000 per month from December 201 to January 4, 2017; and
Defendant D above
B. On June 2, 2005, in relation to the lending of money as stated above, “The above amount shall be borrowed as KRW 80,000,000,000 as stated above, and the repayment date shall be paid as of June 22, 2005, and the balance KRW 40,000,000 shall be determined as of September 22, 2005, and the monthly payment shall be 1.5%. The Songpa-gu (F), C, D, and creditor Return (“the loan certificate of this case”) signed the seal of the Defendants and delivered to the Plaintiff couple.
Since then, Defendant D added to the above loan certificate, stating that “the repayment date shall be paid by June 30, 2007,” and signed by Defendant D.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, Eul evidence Nos. 2 through 5, the purport of the whole pleadings
2. The assertion and judgment
A. On February 22, 2005, the Plaintiff asserted by the parties 1, the Plaintiff leased KRW 80,000,000 to the Defendants at interest rate of 18% per annum. Since the Defendants received only a portion of the principal and interest from Defendant C until February 2017, the Defendants jointly and severally lend the unpaid loan to the Plaintiff.