beta
Text
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 80,000,00 and 12% per annum from September 1, 2013 to November 6, 2013.
Reasons
1. The Plaintiff’s judgment as to the claim against Defendant B determined on May 31, 2010 as “80,000 won per annum (12% per annum) and on May 31, 2011, leased KRW 80,000,000 to Defendant B, and the fact that Defendant B paid interest until August 2013 to the Plaintiff is not a dispute between the parties. As such, Defendant B is obligated to pay to the Plaintiff the money calculated at each rate of 80,000,000 won per annum from September 1, 2013 to November 6, 2013, the delivery date of a copy of the complaint of this case, and from the next day to the day of full payment.
2. Determination as to the claim against Defendant C
A. The summary of the plaintiff's assertion 1) The defendant C has a joint and several obligation to pay the above amount to the plaintiff jointly and severally, since the defendant C has a joint and several obligation to pay the above amount to the plaintiff. 2) The defendant C's assertion that the defendant C had not jointly and severally guaranteed the above amount of debt of the defendant C.
Of the evidence No. 1, the identity of Defendant C’s seal is recognized, but it cannot be used as evidence since Defendant B’s seal without authority is affixed and sealed by Defendant C.
Therefore, the plaintiff's assertion is without merit.
B. Therefore, the part of the stamp image of Defendant C, among the evidence Nos. 1 and 1, is ratified due to the lack of dispute (it is alleged that Defendant C used the seal of Defendant C, but it is not sufficient to recognize it solely with the result of Defendant C’s personal examination, and there is no other evidence to acknowledge it). Accordingly, it is admissible as evidence, since the authenticity of the entire document is presumed to have been established.
Therefore, comprehensively taking account of the respective descriptions of evidence Nos. 1, 2, and 3 and the overall purport of the arguments as a result of Defendant C’s personal examination, Defendant C may recognize the fact that Defendant C jointly and severally guaranteed the Plaintiff’s above loan obligations on May 30, 2010. As such, Defendant C and the Plaintiff jointly and severally with Defendant B, as well as KRW 80,00,000, and its related amount, from September 1, 2013 to November 6, 2013, the delivery date of a copy of the complaint in this case, respectively, shall be 12% per annum and the next day.