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1. The Defendant’s KRW 150,000,000 and the Plaintiff’s annual rate of KRW 5% from July 8, 2015 to July 21, 2016.
Reasons
1. According to the overall purport of Gap evidence Nos. 1, 2, and evidence Nos. 1, 3, 4, and 5-1 and 2 as to the cause of the claim, Gap's evidence Nos. 1, 2 (the defendant's evidence Nos. 1, 2, 3, 4, and 5-2 as seen below, and the whole arguments and arguments, Eul, the defendant's wife on March 13, 2015, was the co-defendants of this case, but the part of the decision of recommending reconciliation as of May 12, 2016, became final and conclusive.
The loan of 150,000,000 won was loaned to the Corporation on July 7, 2015 (hereinafter referred to as "the loan of this case").
Inasmuch as the Defendant agreed to provide joint and several surety for the obligation to return the above loan to the Plaintiff on June 24, 2015, the Defendant, as a joint and several surety of C, is obligated to return KRW 150,000,000 to the Plaintiff as a joint and several surety of C.
The plaintiff asserted that he agreed to receive interest or delay damages calculated at the rate of 18% per annum with respect to the above loan, but there is no evidence to prove that there was such an agreement between the plaintiff and the defendant, the plaintiff's allegation in this part is rejected.
Therefore, the Defendant is obligated to pay to the Plaintiff 150,000,000 won and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from July 8, 2015 to July 21, 2016, which is the day following the day when the above repayment period is due, and 15% per annum prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day when the payment is completed.
2. Judgment on the defendant's defense of evidence
A. According to Article 358 of the Civil Procedure Act, a private document shall be presumed to be authentic when it is signed, sealed, or stamped by the principal or his/her agent. Thus, in cases where it is acknowledged that the person who prepared the private document voluntarily signed, sealed, or affixed the private document in question, barring special circumstances, such as the reversal of such presumption by reflect.