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1. The Defendants jointly and severally against the Plaintiff KRW 110,00,000 and against the Defendant B, from January 7, 2020.
Reasons
1. Facts of recognition;
A. The Plaintiff and the Defendant C have made a transaction of lending money between 2016 and July 17, 2019 between 123 and 123 times to the Plaintiff and the said Defendant’s repayment of said money, and the said Defendant’s joint and several surety and the obligation on behalf of the said Defendant.
However, the relationship between the Plaintiff and the Defendant, which was unable to accurately calculate the principal and interest of the transaction, was between July 2019, and Defendant C agreed to prepare the loan certificate and notarial deed with Defendant C, instead of Defendant C, who had insufficient financial resources, as the principal debtor, and Defendant C, as the joint guarantor, to prepare the loan certificate and notarial deed with respect to the amount remaining as the obligation to be repaid to the Plaintiff up to August 27, 2019, including KRW 21.2 million, to be paid by the Plaintiff on August 27, 2019.
B. According to the above agreement, around July 22, 2019, Defendant B signed and sealed the instant loan certificate as a joint and several surety with the purport of borrowing KRW 110 million to the Plaintiff up to November 30, 2019 (hereinafter “instant loan certificate”). Defendant B, the mother of Defendant B, signed and sealed the instant loan certificate as a joint and several surety.
C. On July 23, 2019, Defendant C prepared and executed a notarial deed under a monetary loan agreement (No. 1; hereinafter “notarial deed of this case”) with the purport that “Defendant C borrowed KRW 110 million from the Plaintiff on July 22, 2019 as the due date for repayment on November 30, 2019, and the said Defendant was aware that there was no objection even if compulsory execution was conducted immediately, if the said Defendant did not perform the above loan obligation.”
On July 23, 2019, Defendant C created a collateral security on a detached house owned by the principal if it is impossible for Defendant C to repay to the Plaintiff by November 30, 2019 when borrowing KRW 110 million from the Plaintiff.