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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 40 million, and Defendant B from November 20, 2015 to Defendant C.
Reasons
1. Basic facts
A. On September 30, 2004, the Plaintiff lent KRW 20 million to Defendant B (hereinafter “instant primary loan”) and agreed to pay KRW 10 million until May 30, 2005, and the remainder of KRW 10 million until November 30, 2005. Defendant C guaranteed Defendant B’s debt.
B. On May 30, 2005, the Plaintiff lent 30 million won (hereinafter “the second loan”) to Defendant B with interest rate of 2% per month and the due date of payment on May 30, 2006. The Plaintiff drafted a certificate of borrowing the Plaintiff’s name in the meaning that the Defendant C guarantees the above obligation.
C. On May 10, 2015, Defendant B drafted to the Plaintiff a certificate of borrowing that the remaining amount of the instant loans 1 and 2 is KRW 40 million.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3, and purport of whole pleadings
2. The allegations and judgment of the parties
A. According to the facts established prior to the determination on the cause of the claim, the Defendants are jointly and severally liable to pay to the Plaintiff the amount of 40 million won borrowed and the damages for delay calculated at the rate of 15% per annum as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from October 1, 2015 to the date of full payment, after the duplicate of the instant complaint was served on the Plaintiff.
(B) Defendant B signed the instant loan certificate as a simple guarantor, but did not clearly dispute the Plaintiff’s assertion that he has a joint payment obligation, and there is no separate joint guarantor, thereby recognizing a joint payment obligation.
The Defendants asserted as to the Defendants’ assertion, first of all, that Defendant B borrowed money from the Plaintiff from 2002 to 2006 from 2006, but the Defendants asserted that the Defendants paid in full because they transferred KRW 20 million around December 2006.
In addition, the loan certificate of KRW 40,000,000,000 as of May 10, 2015, which was drawn up by Defendant B, was made in the name of Defendant C.