beta
Text
The defendants shall jointly and severally pay 50 million won to the plaintiff and 12% per annum from May 8, 2020 to the date of complete payment.
Reasons
1. Facts of recognition;
A. Defendant B (hereinafter “Defendant B”) agreed on July 26, 2019 to jointly carry out a “F new construction project” on multiple parcels of voice group E, both Co., Ltd. and D (hereinafter “D”), and Defendant B paid KRW 50 million to D at the same time as the contract was concluded.
B. On July 26, 2019, the Plaintiff lent KRW 50 million to Defendant B, and paid the said money directly at Defendant B’s request.
C. On July 26, 2019, Defendant B drafted and delivered to the Plaintiff a certificate of loan (Evidence A 3) stating that “The amount of the loan shall be 50,000,000 won in daily gold (Won 50,000,000): B, C, the representative director of the corporation, and the said principal shall confirm the fact that he/she borrowed the daily gold (Won 50,000,000). The repayment period shall be two months from the date of borrowing.”
In addition, on November 20, 2019, Defendant C promised to repay the borrowed amount to the Plaintiff by November 28, 2019, “The borrowed amount: Won 50,000,000, Won : July 26, 2019: Defendant B, Defendant C, creditor, and the borrower: the Plaintiff, the said principal, and the Plaintiff, by September 26, 2019, agreed to repay the fixed amount of KRW 50,000 (Won 50,000,000) not later than September 26, 2019, upon the borrower’s request for extension of the period due to the borrower’s failure to repay the borrowed amount to the Plaintiff by November 28, 2019, and no objection is raised to any legal liability.”
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings
2. According to the above facts of recognition, the defendants are jointly and severally liable to pay the amount of KRW 50 million and 12% interest per annum from May 8, 2020 to the date of full payment, as requested by the plaintiff, from May 8, 2020 to the date following the last delivery date of the copy of the complaint of this case.
As to this, the Defendants drafted a loan certificate in error, and the Plaintiff.