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1. As to Defendant B and C’s joint and several liability amounting to KRW 183,00,000 and KRW 130,000,000 among them, Defendant B and C shall be jointly and severally liable to the Plaintiff, from March 12, 2016, and 53.
Reasons
1. Comprehensively taking account of the overall purport of the pleadings as to the claims against Defendant B and C: (a) Defendant B’s written statement of borrowing KRW 130,000,000,000 as interest rate on March 11, 2016; and (b) Defendant C has jointly and severally guaranteed the Plaintiff’s above lending obligation at the time of Defendant C’s offering of a joint and several guarantee to the Plaintiff; (c) Defendant B set the lending amount of KRW 53,00,000 as interest rate of KRW 2% on April 11, 2017 to pay the Plaintiff by June 28, 2017; and (d) the fact that Defendant C has jointly and severally guaranteed the Defendant B’s lending obligation with respect to the Plaintiff at the time of delivery and delivery of a certificate of borrowing money to the effect that Defendant B would pay the Plaintiff by June 28, 2017.
According to the above facts of recognition, Defendant B and C are jointly and severally liable to pay to the Plaintiff interest or delay damages calculated by the rate of 24% per annum from March 12, 2016 that the Plaintiff seeks with respect to KRW 130,000,000 among the above loan amounts and KRW 130,000,000,00,000, which is calculated by the rate of 24% per annum from April 12, 2017 to the date of full payment.
2. The Plaintiff asserts that Defendant D had jointly and severally guaranteed each of the above loans borrowed by Defendant B.
Although Defendant D is indicated as joint and several sureties at the bottom of each of the above monetary teas, there is no evidence to prove the authenticity, it cannot be admitted as evidence (In addition, the Plaintiff voluntarily stated Defendant B's joint and several sureties in each of the above monetary teas, and accused Defendant B as a forgery of private documents, or display of the above investigation document). Other evidence submitted by the Plaintiff is insufficient to recognize the fact of joint and several sureties.
Therefore, the plaintiff's above assertion is without merit.
3. Conclusion of the Plaintiff’s claim against Defendant B and C, and the claim against Defendant D is dismissed.