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1. The defendants are 106,890,000 won to each plaintiff and 12% per annum from April 9, 2020 to the day of full payment.
Reasons
1. Defendant B, including the existence of a monetary transaction between the Plaintiff and the Defendant B and a loan certificate in the name of the Defendants’ husband and wife, introduced the Plaintiff through the Plaintiff’s partner D, from April 2013 to December 26, 2016, and prepared and delivered a loan certificate under the name of the Defendants (hereinafter “the instant loan certificate”), and the content thereof was borrowed KRW 150,000,000, and the Defendant C, the wife of Defendant B, guarantee its performance.
‘ was the case.'
After that, Defendant B, as indicated in the table below, is the Plaintiff’s sum of KRW 43,110,000,000 from December 26, 2016 to June 15, 2018.
AF E [The facts without dispute over the basis of recognition, Gap evidence 1 to 13, Eul evidence 1 to 9, the purport of the whole pleadings, and the purport of the whole pleadings.
2. Determination of the Plaintiff and the Defendants’ assertion
A. The Plaintiff asserts that the Defendants seek joint and several return of KRW 150,00,000 for loans based on the instant loan certificate, and that the Defendants paid KRW 201,40,54, including the instant money from May 22, 2013 to June 15, 2018, and that the Defendants transferred each of the claims by delivering the original bond documents, such as the respective loan certificates and certificates of personal seal impression: (i) KRW 50,000,000, KRW 5,000,000, KRW 10,000, KRW 10,000,000, and KRW 10,000, and each of the above amounts should be deducted.
B. In light of the transaction relationship between the Plaintiff and the Defendant B and the circumstances leading up to the preparation of the loan certificate of this case, it is reasonable to view that Defendant B and Defendant C guaranteed the performance of the loan, with the settlement of the loan relationship with the Plaintiff, prepared the loan certificate of this case and the return of KRW 150,00,000 as the loan principal.
Therefore, the money paid prior to the preparation of the loan certificate of this case among the money claimed by the Defendants as above (1) shall be the debt based on the loan certificate of this case.