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1. The plaintiff's claims against the defendants are all dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Determination as to the cause of claim
A. On September 2009, the Plaintiff, who was residing in the U.S. at the Plaintiff’s assertion, remitted USD 1,399,91.89 to the Defendant’s account as a domestic resident, after receiving a request for a loan of business funds from the Defendant B, and on September 30, 2009, transferred USD 1,330,000 to the Plaintiff’s account as the child of Defendant B (Korean KRW 1.56,000,000) on September 30, 2009, determined the interest rate of USD 8% (interest interest rate of KRW 25% per annum) and the due date of payment of September 30, 2014.
Since then, Defendant B’s failure to repay this amount, the Plaintiff demanded the Defendant B to prepare a loan certificate. Accordingly, Defendant B, on November 26, 2004, borrowed KRW 1.56 billion from September 30, 2009 to September 30, 2014 at the annual interest rate of 8%, and shall pay the principal and interest to the Plaintiff after the end of the said period. The overdue interest rate of 25% per annum shall be added at the end of the said period.
“A” has affixed the personal seal impression of Defendant B and the corporate seal of Defendant C Co., Ltd. on the loan certificate (A No. 1-3).
Defendant B and Defendant C also prepared the above loan certificate with the meaning that they would repay the above loan. Thus, the Defendants are jointly and severally liable or jointly and severally liable.
Therefore, the defendants are jointly and severally liable to pay to the plaintiff the above loans of KRW 1.50 million and the agreed interest and delay damages.
B. We examine the judgment, and there is no dispute between the parties that the following imprints after the defendants' names stated in Gap evidence Nos. 1 (including tea card, serial number, hereinafter the same shall apply) are the seals of the defendants, but considering the overall purport of the entries and arguments in Eul 5, the plaintiff prepared the above loan certificate using a computer in his residence around November 26, 2014, and signed and sealed the personal seal impression of the defendant Eul and the corporate seal impression of the defendant C corporation on the debtor column. The evidence submitted by the plaintiff alone is the right to affix the defendants' seal impression.