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1. The Defendants are jointly and severally liable to the Plaintiff KRW 50,000,000 and Defendant B with respect thereto from July 3, 2009 to December 16, 2015.
Reasons
1. Facts of recognition;
A. The Plaintiff provided a loan to the Defendants under the name of the business fund, and Defendant C prepared and delivered a promissory note amounting to KRW 10,000,000 at par value on April 13, 2007, and KRW 20,000 at face value on May 7, 2007 to the Plaintiff.
B. On July 3, 2009, Defendant C requested the Plaintiff to additionally lend KRW 20,000,000 to the Plaintiff. The Defendants borrowed KRW 50,000,000 on July 3, 2009 and promised to repay until May 2, 2010, and the interest rate shall be three copies per month.
“A” signed and sealed each of the Defendant B B and the guarantor column in the borrowed seal page.
On the same day, the Plaintiff remitted KRW 20,000,000 to Defendant C’s deposit account.
【Based on Recognition, the authenticity of the entire document is presumed to have been established since there is no dispute between the Plaintiff and the Defendant that the stamp image next to the Defendant B’s name is based on the seal of the Plaintiff and the Defendant. Although Defendant B asserted that Defendant C voluntarily affixed the seal of his own, it is not sufficient to recognize it solely with the evidence of No. 3, and there is no other evidence to acknowledge it), No. 2, No. 4, and No. 5 (including the serial number), and the purport of the whole pleadings.
2. According to the above facts of recognition, the Defendants are jointly and severally obligated to pay to the Plaintiff 50,000,000 won and 5% per annum as prescribed by the Civil Act from July 3, 2009 to December 16, 2015, which is the delivery date of a copy of the complaint of this case, to the Plaintiff, 15% per annum as prescribed by the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment, and Defendant C is obligated to pay interest or delay damages at each rate of 15% per annum from July 3, 2009 to December 29, 2015, which is the delivery date of a copy of the complaint of this case, and from the next day to the day of full payment.
As to this, Defendant B’s claim for KRW 30,000,000 based on a promissory note among the Plaintiff’s claims is subject to the extinctive prescription of the promissory note.