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1. All appeals filed by the Plaintiff and Defendant B are dismissed.
2. The costs of appeal are incurred between the Plaintiff and the Defendant C.
Reasons
1. Facts of recognition;
A. On November 19, 2007, Defendant B prepared two copies of the loan (Evidence A 1) to the Plaintiff. However, Defendant B borrowed KRW 12 million from the Plaintiff and borrowed it by the end of December 2007 (hereinafter “the first certificate”), and borrowed the remainder KRW 13 million and borrowed it by December 2007 (hereinafter “the second certificate”).
B. Defendant C’s name, other than Defendant B, is indicated as the obligor, but only Defendant B’s signature is signed, and Defendant C’s signature is not affixed.
C. On June 21, 2012, the Plaintiff sent to Defendant B a letter proving that he/she would repay KRW 25 million with the deadline for the second and second certificates.
【Ground of recognition】 Evidence Nos. 1, 2, and 10, and the purport of the whole pleadings
2. Plaintiff’s claim against Defendant B
A. According to the above facts of recognition, Defendant B is obligated to pay to the Plaintiff the amount of KRW 25 million based on the loan certificate Nos. 1 and 2 with 5% per annum as stipulated in the Civil Act from January 1, 2008 to November 8, 2017, the delivery date of the copy of the complaint of this case, and 15% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the day of full payment.
B. As to Defendant B’s assertion, Defendant B prepared a loan certificate Nos. 1 and 2, but on Nov. 19, 2007, Defendant B merely borrowed KRW 12 million from the Plaintiff and paid KRW 13 million including interest at the time of repayment as a household check. Defendant B’s loan based on the first certificate was made on Dec. 12, 2007 and paid KRW 1 million in cash to Defendant C in the middle of December 2007.
(2) It is recognized that Defendant B borrowed 12 million won from the Plaintiff on November 19, 2007 on the sole basis of the statement of No. 1 and No. 1 and the statement of No. 2000,000 won.