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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 40,000,000 and 24% per annum from May 1, 2015 to the date of full payment.
Reasons
1. Basic facts
A. In the course of a monetary transaction with the Plaintiff, Defendant B requested the Plaintiff to lend an additional house repair expense under the name of the Plaintiff when the Plaintiff did not fully repay the money borrowed from the Plaintiff. As the Plaintiff refused to do so, Defendant C, the husband, will not be considered to be a guarantor. On July 2014, Defendant B entered the Plaintiff as “the borrowed amount of KRW 38,290,000, interest rate of KRW 800,000, the due date for payment, January 10, 2015, Defendant B, and Defendant C,” written as “the borrowed amount of KRW 38,290,000,000, the debtor, Defendant B, and Defendant C,” and additionally borrowed money from the Plaintiff on July 3, 2014.
B. Since then, Defendant B promised to pay 40,000,000 won on February 18, 2015, which was urged by the Plaintiff to pay from the Plaintiff, on March 20, 2015 (Evidence A 1-2). After the due date, Defendant B issued to the Plaintiff a certificate of borrowing (Evidence A-2) stating that “40,000,000 won for rent, interest rate of 2%, 2% on the due date, April 30, 2015, and Defendant C’s name and seal affixed thereon (Evidence A-2; hereinafter “the loan certificate of this case”).
C. The Defendants are married couple.
[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence (including paper numbers) and the purport of the whole pleadings
2. Determination
A. The Plaintiff’s assertion by the parties is based on the loan certificate issued on February 18, 2015 with respect to Defendant B, and each repayment agreement with respect to Defendant C, based on the loan certificate of this case, seek payment of the agreed amount of KRW 40,000,000, and delay damages.
As to this, Defendant C asserts that, without obtaining any power of representation from Defendant B, Defendant C is not liable for reimbursement because it constitutes an unauthorized representation of authority to write his name and resident number on the loan certificate in this case and to affix his seal arbitrarily.
(b) The judgment document shall be authentic when it bears the signature, seal or seal of the person concerned.