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1. The Defendants are jointly and severally liable to the Plaintiff for 50,000,000 won and 24% per annum from July 3, 2012 to April 15, 2015.
Reasons
1. The Plaintiff’s judgment on the cause of the claim shall be 2% per annum for the interest rate of KRW 50,00,000 as follows, and each of the Defendant C may be recognized as joint and several liability for the repayment of each of the above loans by Defendant B. Thus, barring any special circumstance, the Defendants are jointly and severally liable to pay to the Plaintiff the total amount of the above loans of KRW 50,000,000 and the damages for delay calculated at each of the 24% per annum for the agreed interest rate from July 3, 2012 to April 15, 2015, the final delivery date of the copy of the instant complaint, as the Plaintiff seeks.
The lending date of the No. 30,000,000 on April 3, 2012 shall be the due date for repayment of the lending amount, and the same year on June 2, 2012
3.20,000,000 won for the same year.
7. 2. Aggregate 50,000,000 won (based on recognition)
1. Loans: An sequence of facts without dispute;
2. Loans: Evidence No. 2 and the purport of the whole pleadings;
2. The Defendants’ assertion as to the Defendants’ assertion
2. It was true that the Plaintiff voluntarily prepared the column of debtor column and joint and several sureties for a loan (a) with the content of the loan (a loan amount of KRW 20,000,000). However, it is argued that at the time that the Plaintiff was merely prepared only in the form of money for remaining grounds for the investment in the process of contributing investment funds, and that there was no actual monetary loan and any guarantee therefor.
However, if it is recognized that a disposal document is authentic, the court should recognize the existence and contents of the declaration of intent in accordance with the language stated in the disposal document, unless there is clear and acceptable counter-proof to deny the contents of the document. The above loan and the joint and several guarantee of the defendant C appear in the text stated in the above loan certificate (Evidence A 2) which can be seen as a disposal document.