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1. Defendant B (Appointed Party) is the year from April 6, 2016 to January 12, 2018 with respect to KRW 26,120,000 to the Plaintiff.
Reasons
1. The parties' assertion
A. Until April 30, 2004, the Plaintiff leased KRW 36 million to Defendant B at interest rate of 20% per annum. From that time, the principal who was not paid money to Defendant B by November 16, 2015 was the interest amounting to KRW 57,447,52, and the interest amounting to KRW 54,673,218 is the sum of KRW 112,120,740.
Defendant B’s above obligation against the Plaintiff was jointly and severally assumed by Defendant B, the parent of Defendant B, and G.
However, G died on January 12, 2015 and succeeded to the obligations of G, including Defendant C, Selection E, and F.
Therefore, Defendant B, C, and Selection D, E, and F are obligated to pay the same amount as the purport of the claim to the Plaintiff.
B. Although Defendant B borrowed money from the Plaintiff in the amount of KRW 20 million to KRW 36 million, Defendant B already repaid all of them.
The loan certificate drawn up on May 8, 2007 against the Plaintiff is invalid because it was drawn up by coercion by the Plaintiff.
In addition, it is written in the above loan certificate as the designated party D and G jointly and severally liable, but it is not effective as it is written by the defendant B at will.
2. Determination
A. In full view of the overall purport of the arguments in each of the statements in Gap evidence Nos. 1, 3 through 7, Gap evidence No. 14, Eul evidence No. 15-1, 2, Eul evidence No. 2-1, 5, and Eul evidence Nos. 4-1 through 3 against defendant Eul, it is recognized that the plaintiff lent money several times on December 30, 2003 to defendant Eul, including lending of 20 million won to the defendant Eul, and it was agreed on May 8, 2007 to pay the principal and interest unpaid with defendant Eul at KRW 50,000,000,000 to the plaintiff until the repayment was made (hereinafter "the loan certificate of this case").
Thus, on May 8, 2007, the Plaintiff and Defendant B bear the liability of KRW 70 million to the Plaintiff, but the said liability is KRW 70 million.