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1. The Plaintiff, Defendant B, and Defendant C and D, jointly and severally with Defendant B, respectively, KRW 100,000,000 out of the said money.
Reasons
1. Facts of recognition;
A. The Plaintiff lent 100 million won to Defendant B on August 21, 2013. At the time, Defendant C and D jointly and severally guaranteed the Defendant B’s debt.
In addition, the defendants around that time set up a loan certificate of KRW 130 million with the borrower, Defendant B, Defendant C and D with the joint and several liability, and delivered the loan certificate to the plaintiff.
B. On October 8, 2013, the Plaintiff lent KRW 50 million to Defendant B, and Defendant B prepared a loan certificate with the borrowed amount of KRW 60 million on the same day, and the borrowed amount of KRW 60 million to Defendant B and delivered it to the Plaintiff.
[Ground of recognition] Defendant D: (a) the confession (Article 150(3) of the Civil Procedure Act) (Article 150(3)); Defendant B; (b) the absence of dispute; (c) the entry of the evidence No. 1 to 5; and (d) the testimony of the witness E; and (c) the purport of the entire pleadings [Defendant B]. The above loan is alleged to have been borrowed not by itself but by E, who is the plaintiff's head; and (d) Defendant C has no joint and several guarantee of the obligation of 100 million won to the plaintiff. However, the disposal document must be objectively interpreted as having expressed its intent in accordance with the contents of the language stated in the disposal document unless there are special circumstances where the authenticity is acknowledged (see, e.g., Supreme Court Decision 200Da536, 5343, Jan. 24, 2003); and (e) there is no evidence to acknowledge the above assertion by Defendant B and C.
2. According to the facts of the above recognition, Defendant B is calculated at the rate of KRW 150 million, KRW 100,000, KRW 1000,000, and KRW 100,000,000, and KRW 100,000,000, which is jointly and severally with Defendant C and severally with Defendant B, and each of them shall be calculated at the rate of 5% per annum as stipulated in the Civil Act from November 28, 2014 to July 7, 2015, which is the day following the final delivery of a copy of the complaint of this case, for which the Defendants notified the discharge of each of the above obligations.