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1. Defendant B, Defendant C, and Defendant D jointly and severally with the Plaintiff KRW 50,000,000, and Defendant B and Defendant D with respect thereto.
Reasons
1. Determination as to the claim against the defendant B, C, and D
A. The Plaintiff, on March 26, 2012, determined that KRW 50,000,000 to Defendant B, C, and D on May 25, 2012 due date for repayment and KRW 100,000,000 (hereinafter “the instant loan”) and paid KRW 50,000,000 to Defendant B, in full view of the entire purport of the pleadings in the statement in Gap evidence No. 1.
Therefore, the aforementioned Defendants are jointly and severally liable to pay to the Plaintiff 50,000,000 won and damages for delay calculated by applying each of the 20% of the total amount stipulated in the Civil Act from May 25, 2012, which is the due date stipulated in the instant loan, to the delivery date of the instant complaint (Defendant B and D is May 1, 2014, and Defendant C is May 1, 2014) and 5% of the total amount stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
Defendant C is to return KRW 100,00,000 on condition that the said business was invested in the F new building in Ulsan-gun through the instant loan, and the said business was failed, and the Plaintiff’s assertion is not reasonable. However, there is no evidence to prove that at the time of the instant loan, the Plaintiff agreed to return KRW 100,000,000 on condition that the said new building project will be successful. Therefore, this part of the Defendant’s defense is without merit.
2. Determination on the claim against Defendant E
A. The Plaintiff asserted that ① (a) the Plaintiff became aware of the remaining Defendants through the introduction of Defendant E, and (b) the Defendant E signed and sealed as a observer at the time of the instant loan. As such, Defendant E is also a borrower or a joint guarantor, and ② Defendant E pays interest of KRW 300,000 per month following the instant loan to the Plaintiff, and ratification or approval of the instant loan obligations or joint and several liability obligations. As such, Defendant E is jointly and severally liable to pay the remainder of the Defendants and the damages for delay.