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1. The Plaintiff:
A. As to Defendant B’s KRW 70,000,000 and KRW 40,000 among them, Defendant B shall have the effect on February 1, 2008, and KRW 30,000.
Reasons
1. Facts of recognition;
A. The relationship between the parties 1) Defendant B and C jointly operated the “G” in the name of C around 2007. Defendant B and C are H Co., Ltd. (hereinafter “H”) around August 2008.
(2) The Plaintiff, from July 2007, was in charge of accounting work, etc. in G from around August 2008. From around August 2008, the Plaintiff retired from office on December 31, 2012.
At the time of service, the Plaintiff has written the details of financial transactions with Defendant B, C (G) and H in detail on the X-cell file (hereinafter referred to as “x-cell file”).
B. No later than January 31, 2008, the Plaintiff lent KRW 40 million to Defendant B. Defendant B and C on January 31, 2008. On January 31, 2008, the Plaintiff borrowed KRW 12% per annum from the Plaintiff, Defendant B borrowed from the Plaintiff at the interest rate of KRW 40 million per annum (payment on January 20), and on December 31, 2008, with the maturity of payment fixed on December 31, 2008, and C borrowed a loan certificate (Evidence 1; hereinafter referred to as “the first certificate”) stating that the said loan is jointly and severally guaranteed by the Plaintiff.
(2) The Plaintiff, from February 2008 to August 2008, lent additional KRW 30 million to Defendant B.
On August 20, 2008, Defendant C prepared, to the Plaintiff, a certificate of borrowing that the Plaintiff borrowed KRW 70 million with the interest rate of KRW 12 percent per annum (payment on the 20th day of each month) and the due date of payment on December 31, 2009 (the certificate No. 2 of this case; hereinafter “the second certificate”) with the effect that the Plaintiff borrowed KRW 40 million with the above KRW 30 million as stated in the first certificate of borrowing.
C. Death C around December 23, 2016, died on or around December 23, 2016, and his heir is Defendant D, Defendant E and F, who is his spouse.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 11 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. According to the facts found in the judgment on the cause of the claim, Defendant B, as claimed by the Plaintiff, and Defendant B, as claimed by the Plaintiff, on the day following the date of preparation of the first certificate of use for the amount of KRW 40 million among them.