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1. Defendant B shall pay to the Plaintiff KRW 60 million and the interest rate of KRW 15 percent per annum from February 27, 2019 to the day of complete payment.
Reasons
1. Facts of recognition;
A. Defendant B used Defendant C’s bank account under the name of Defendant C, and received KRW 60 million from the Plaintiff on January 4, 2017 to June 8, 2017.
B. On June 5, 2017, Defendant B, under the name of the Plaintiff and the Defendant C, sent KRW 2.5 million each month from July 5, 2017, and KRW 3 million each month from March 5, 2018, and in the event the E Company is converted into a stock company, Defendant B drafted a certificate of borrowing KRW 60 million (Evidence 1; hereinafter “the certificate of borrowing of this case”).
[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. According to the above facts as to the claim against Defendant B, it is reasonable to view that the Plaintiff loaned KRW 60 million to Defendant B, and therefore, the above Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum from February 27, 2019 to the day of full payment, which is obviously the day following the delivery date of a copy of the complaint in this case.
3. As to the claim against the defendant C
A. As to the plaintiff's assertion that the parties concerned claim joint and several liability based on the loan certificate of this case, the defendant C himself is not aware of the plaintiff, and there is no fact that he has given the defendant B any authority to rent money. Thus, the plaintiff's claim cannot be complied with.
B. First of all, Defendant B recognized the fact that the name and seal of Defendant C were affixed to the loan certificate of this case. The evidence submitted by the Plaintiff alone is insufficient to deem that Defendant B had the authority to affix the seal of Defendant C, and there is no other evidence to acknowledge it. Thus, the loan certificate of this case cannot be used as evidence to Defendant C.
In addition, Defendant C is jointly and severally liable for Defendant C’s obligations solely on the ground that Defendant C received a loan from the said account in the course of using the Defendant C’s account.