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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 65,00,000 and the interest rate thereon from June 21, 2014 to the date of full payment.
Reasons
1. On November 25, 2012, the Plaintiff lent money to Nonparty D, and D received KRW 65,000,000 from the Plaintiff and issued a loan certificate stating that the said money will be repaid in 20,000,000 won each month from April 30, 2013 (hereinafter “instant loan certificate”), and the Defendants signed the said loan certificate as joint and several sureties.
[Reasons for Recognition] Gap evidence No. 2, the purport of the whole argument
2. According to the above facts of recognition as to the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff 65 million won and damages for delay at the rate of 20% per annum from June 21, 2014 to the date following the delivery of the original copy of the instant payment order, as claimed by the Plaintiff, as follows: (a) from June 21, 2014 to the date of full payment.
3. Judgment on the defendants' assertion
A. Defendant B’s assertion that the loan certificate of this case was different from the loan certificate of this case and it was argued that the loan certificate of this case was not known to the Plaintiff and that he did not borrow the above money. Thus, Defendant B’s assertion itself seems to recognize the fact that D was jointly and severally guaranteed by Defendant B’s preparing the loan certificate in order to borrow money from a third party, such as the Plaintiff. Thus, Defendant B cannot refuse the Plaintiff’s claim of this case.
B. As to Defendant C’s assertion, Defendant C asserts that, by remitting the money of KRW 81,132,250 from March 17, 2011 to January 22, 2013, Defendant C repaid all obligations based on the instant loan certificate.
Even if it is recognized that Defendant C remitted the above money to the Plaintiff at the above time, the loan certificate of this case was drafted on November 25, 2012, and the maturity of the loan certificate of this case is stated as starting from April 30, 2013, which was after Defendant C remitted all the above money.