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1. On the Plaintiff (Counterclaim Defendant),
A. The Defendant (Counterclaim Plaintiff) C is worth KRW 136,822,560 and its amount from July 11, 2018.
Reasons
According to the overall purport of Gap evidence Nos. 11-1-1 and 11-1-2 as to the claim of this lawsuit, according to the purport of Gap evidence No. 11-1 and Eul evidence Nos. 11-2, the plaintiff and defendant C have concluded an agreement with the plaintiff that "the plaintiff shall confirm that defendant C borrowed a total of KRW 60 million from the plaintiff and pay interest of KRW 24% per annum" on July 8, 2013. Since the plaintiff and defendant C have an obligation to pay damages for delay to the plaintiff as revised on February 2, 2012 by preparing a loan certificate (Evidence No. 11-1) and preparing the last date, "the plaintiff is obligated to pay damages for delay to the plaintiff as 60 million won" on February 28, 2012.
The Plaintiff and the Defendants confirmed that they borrowed KRW 43 million from the Plaintiff on June 28, 2013 and interest rate of KRW 24% per annum and agreed that they will jointly and severally repay, according to the overall purport of the statement and pleading in Gap evidence No. 1 (a copy of the tea card, and there is no dispute over Defendant B’s seal image part. Defendant B asserted that this document was forged by Defendant C, but the aforementioned defense is not accepted as follows).
“Unless there are special circumstances, the Defendants are jointly and severally liable to pay to the Plaintiff KRW 43 million and damages for delay, in accordance with the above agreement, since they may be found to have entered into an agreement with the content of the agreement and set up the certificate of borrowing (No. 1).
As to this, Defendant B, on the first date for pleading, stated to the same effect that his seal on the evidence No. 1 (a copy of the evidence No. 1) was affixed by Defendant C, and that there was no defense that there was no delegation of authority to Defendant C, and Defendant C also stated to the same effect.
However, as defendant B's assertion, the above loan certificate is stamped.