The Defendants shall jointly and severally pay to the Plaintiff KRW 120,00,000 and the interest rate from January 10, 2020 to the day of full payment.

1. Basic facts

A. On July 2, 2018, Defendant B Co., Ltd. (hereinafter “Defendant Company”) promised to fully pay the amount borrowed on July 2, 2018 (120 million won) from the Defendant Company’s head office to the Plaintiff by July 1, 2019 through the supply of goods, and, in the event of failure to comply, agree to transfer all the rights to KS certification held by D to the Plaintiff.”

B. Accordingly, the Plaintiff transferred KRW 90 million to the Defendant Company on July 2, 2018.

C. On December 10, 2018, Defendant C prepared a certificate of transfer of KS products to the Plaintiff, stating that “If the Defendant Company becomes unable to repay by January 30, 2019, the loan amount of KRW 120 million,00,000,000,000, the loan amount of KRW 1000,000,000,000,000,000,000,000,000,000,000,0000,000,0000,000,000,000,000

The Defendants transferred the KS product certificate to a third party on April 2019, and did not deliver the goods to the Plaintiff by July 1, 2019.

[Ground of recognition] Facts without dispute, entry of Gap 1 through 4, entry of Eul 1 and 2 evidence (including each number, hereinafter the same shall apply), the purport of the whole pleadings

2. Determination:

A. According to each of the above facts finding as to the cause of the claim, the Defendants are jointly and severally liable to pay the Plaintiff a loan of KRW 120,000,000 and damages for delay at the rate of 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from January 10, 2020 to the day of full payment, as the Plaintiff seeks.

B. As to the assertion of the Defendant Company, the Defendant Company forged the instant loan certificate using the Defendant Company’s corporate director and G’s seal imprint, and the Defendant C was unaware of the loan borrowed from the Plaintiff, and thus, was not liable for the Defendant Company.