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1. Defendant C and D shall jointly and severally pay to the Plaintiff KRW 50,000,000 and the interest thereon from August 4, 2015 to the date of full payment.
Reasons
1. On August 3, 2015, the Plaintiff filed a claim for loan payment with Defendant B, alleging that the amount of KRW 50 million was KRW 2% per month interest (one million) and the due date for payment was determined and lent on October 3, 2015.
In full view of the entries in Gap evidence No. 1-2 and the purport of the whole pleadings, since it is recognized that the following seals are affixed to the defendant Eul's name, which is attached with the evidence No. 3 (a tea) and the above defendant Eul's seal, barring any special circumstance, the above seal shall be presumed to have been removed by the defendant Eul's will. However, since the plaintiff, not the defendant Eul, recognizes the fact that the defendant Eul prepared a loan certificate and affixed the seal of the defendant Eul, the plaintiff must prove that he had a legitimate authority to affix the above seal to the defendant Eul.
However, the evidence submitted by the Plaintiff alone is insufficient to recognize that Defendant B granted Defendant B the right to affix his seal to the above loan certificate, and there is no other evidence to acknowledge this, and therefore, No. 3 cannot be used as evidence, and there is no other evidence to acknowledge that the Plaintiff lent KRW 50 million to Defendant B.
Therefore, the plaintiff's claim against the defendant B is dismissed as it is without merit. It is so decided as per Disposition.
2. Determination as to the claim against Defendant C and D
A. On August 3, 2015, the Plaintiff was obligated to pay to Defendant B the interest rate of KRW 50 million per month (one million) and the due date of repayment on October 3, 2015, and Defendant C and D jointly and severally guaranteed the obligation to borrow money against the Plaintiff in Defendant B on the same day. As such, Defendant C and D jointly and severally liable to pay to the Plaintiff the interest or delay damages calculated at the rate of KRW 24% per annum, which is the agreement rate from August 4, 2015 to the date of full payment.
(b) Judgment by publication: Article 208(3)3 of the Civil Procedure Act;