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1. The Defendants jointly share KRW 65,000,000 to the Plaintiff and as to the Defendant B from July 1, 2014 to the Plaintiff.
Reasons
1. On May 7, 2014, Defendant B: (a) borrowed from the Plaintiff on December 27, 2013, KRW 30,000,000 in daily gold, KRW 30,000,000; (b) borrowed on January 20, 2014; (c) borrowed on January 31, 2014 and borrowed on January 31, 2014 and borrowed from the Plaintiff for the payment of OSB interest; and (d) Defendant C prepared and arranged a cash loan certificate with the intent to repay by June 31, 2014; (c) Defendant C signed and sealed the loan certificate as a surety, or was recognized by the statement in subparagraph 1.
2. According to the above facts of determination, Defendant B borrowed KRW 65,00,000 from the Plaintiff, and Defendant C guaranteed the above loan obligation. As such, the Defendants jointly have the obligation to pay jointly to the Plaintiff the amount of KRW 65,00,000 and the damages for delay calculated at the rate of 15% per annum under the Civil Act until December 25, 2015, as the delivery date of a copy of the instant complaint from July 1, 2014, which is the day following the due date for payment, to the Plaintiff. Defendant C is liable to pay jointly the amount of KRW 65,00,000,000 and the damages for delay calculated at the rate of 65,00,000 per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day until
Although Defendant C asserts to the effect that it is a joint and several surety, it is simply stated in the loan certificate (Evidence A No. 1) that it is merely a guarantor, and thus only a simple guarantee obligation is recognized. In addition, as seen earlier, it is unclear as to the loan certificate, it is insufficient to recognize that the Plaintiff and the Defendants agreed to pay interest exceeding the statutory interest rate, and there is no other evidence to acknowledge it. Thus, the Defendants do not accept the claim for damages for delay exceeding the statutory interest rate. The above loan certificate is 140,000,000 won which the Plaintiff paid to the Defendants as a collateral security established by the Plaintiff from 205,00,000 won of the investment amount paid to the Defendants.