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1. The Defendants are jointly and severally with E as to KRW 8,069,127 and KRW 8,001,989, respectively, to the Plaintiff.
Reasons
1. Basic facts
A. On November 2, 2004, the Plaintiff issued a credit guarantee to guarantee the Plaintiff’s obligation to the Plaintiff within the limit of KRW 47,700,00,00 with the loan extended by E from the Intervenor. The father F of E guaranteed the Plaintiff’s obligation to reimburse the Plaintiff.
B. On September 11, 2015, the Plaintiff subrogated to the Intervenor for KRW 40,009,947, as the Plaintiff lost the benefit of the lending period against the Intervenor.
(40,345,635 won if damages for delay are included by September 18, 2015, and the rate of damages for delay shall be 12% per annum.
F The F died on January 10, 2007, and his heir was wife G (Death on April 21, 2014) and four children and E.
[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to 10 (including each number), the purport of the whole pleadings
2. Determination:
A. According to the above facts, the Defendants, F’s heir, are obligated to pay to the Plaintiff money calculated by each of the 8,069,127 won (40,345,635 won x 1/5 of their respective shares in inheritance) and the 8,001,989 won (40,09,947 won x 1/5 of the same x 1/5) among the joint and several debt obligations of the Plaintiff inherited from the Plaintiff, which is 12% per annum from September 19, 2015 to March 16, 2016, and 15% per annum from the next day to the date of full payment.
B. As to this, the Defendants asserted that the F signature portion of the Credit Guarantee Agreement (No. 1-2 of the evidence A) was written voluntarily by E at the request of the supplementary intervenor’s staff member after June 2015, 2015, and the F seal portion was written voluntarily by the relevant employee, and the authenticity of the Credit Guarantee Agreement is not recognized since it is not recognized that the said employee arbitrarily created a seal and thus, the Defendants are not liable for the joint and several liability based thereon.
However, according to the documents submitted by the Intervenor, it can be recognized that the F signature and seal of the above Credit Guarantee Agreement was written by F. However, separate from this case, E was written when it enters into a credit guarantee agreement with the Plaintiff on November 22, 2003.