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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 70,000,000 and Defendant B and SP Development Co., Ltd. on January 2015.
Reasons
1. Facts of recognition;
A. On July 31, 2013, the Plaintiff leased KRW 70,000,000 (hereinafter “instant loan”) to Defendant B, and as a security, received a promissory note from Defendant B on March 4, 2014, at the face value of KRW 70,000,000 issued by Defendant Saim Development Co., Ltd., the place of payment, Gyeongnam Bank, and the due date.
The plaintiff presented the bill to pay at the place of payment on the due date, but was rejected on the ground of default.
B. Defendant B and Scim Development Co., Ltd. prepared and delivered a note of payment (Evidence A 3) stating that the Plaintiff would repay the instant loan to the Defendant by July 11, 2014, in the early July 2014.
C. On November 25, 2014, Defendant C issued and delivered a loan certificate (Evidence A 4) stating that the Plaintiff would pay KRW 20,000,000 among the instant loans until December 2014, and the remainder of KRW 40,000,000 until March 2015.
[Reasons for Recognition] Unsatisfy, entry of Gap 1 through 4, the purport of the whole pleadings
2. Determination
A. The Defendants, who borrowed or agreed to repay the instant loan in summary of the Plaintiff’s assertion, are jointly and severally liable to pay the instant loan and the damages for delay to the Plaintiff.
B. According to the facts found in the determination as to the claim against Defendant B, Defendant B, who agreed to borrow and repay the instant loan, is jointly and severally liable to pay the instant loan and damages for delay calculated at the rate of 20% per annum from January 21, 2015 to the date of full payment, after the delivery of the copy of the complaint of this case sought by the Plaintiff, from January 21, 2015 to the date of full payment.
B. Judgment on the confession of Defendant Myeong Development Co., Ltd. (Article 208(3)2 of the Civil Procedure Act)
C. Judgment by public notice of demand against Defendant C (Article 208(3)3 of the Civil Procedure Act)
3. Conclusion, the Plaintiff’s claim against the Defendants is accepted in its reasoning.