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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 381,160,00 and KRW 281,160,000 among them, starting from November 30, 2017, and ending on November 30, 100.
Reasons
Basic Facts
A. Defendant B and Defendant C are married couple.
B. From September 26, 2016 to October 29, 2017, the Plaintiff paid to Defendant B a total of KRW 852,30,000 as indicated in the “total amount of remittance to the Plaintiff” column in the attached monetary transaction statement. Defendant B paid to the Plaintiff a total of KRW 44,050,000,00 as indicated in the “total amount of remittance to Defendant B” column in the same period.
C. The Defendants prepared the loan certificates, notarial deeds, and notes as follows.
(1) On May 3, 2017, the Defendants: (a) on May 3, 2017, the Plaintiff borrowed KRW 100 million from the Plaintiff as of March 5, 2018; and (b) on May 18, 2017, the Defendants drafted a certificate of loan stating that the due date may be delayed if the completion is delayed; (c) on May 18, 2017, Defendant B: (a) on May 18, 2017, a notary public set the due date for payment to Defendant B as of May 3, 2017, and (d) on May 3, 2017, the Plaintiff lent KRW 30 million to Defendant B at zero (25% per annum; and (b) on May 3, 2019, the Defendants made a notarized deed of compulsory execution recognition and recognition of the above obligation; and (d) the Defendant C set the maximum guarantee amount as KRW 300,500,000.
3) On May 18, 2017, Defendant B prepared a loan certificate (a monetary loan contract) stating that “the Plaintiff borrowed KRW 300 million from the Plaintiff, interest rate shall be 27.5% per annum, and the maturity shall be May 18, 2019, and if necessary before the due date, the Plaintiff shall be notified at any time before the due date, and if necessary, the Defendant C guaranteed the said obligation. 4) The Defendant B borrowed KRW 100 million from the Plaintiff on September 26, 2017 to repay on October 25, 2017, and the Defendant C signed a loan certificate stating that it shall be repaid in any case.
5 Defendant C will return the funds to the Plaintiff on October 22, 2017, as collected, and the fees also come from October or November.