beta
Text
1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 20% per annum from November 7, 2013 to the day of complete payment.
Reasons
1. Determination as to the cause of claim
A. The plaintiff asserts that the defendant jointly and severally guaranteed the obligation to return the borrowed money to the plaintiff of the corporation C (hereinafter "the non-party company") to the plaintiff, and thus the defendant is obligated to return the borrowed money to the plaintiff. The defendant asserts that the defendant's joint and several liability is not the non-party company's obligation to return the borrowed money to the plaintiff, but the damage liability that the plaintiff may not be borne by the non-party company upon the plaintiff's participation and activity
B. According to the statement in Gap evidence No. 1, Jun. 4, 2012, the plaintiff entered the non-party company as a regular member of the non-party company and lent KRW 50,000 to the non-party company (Article 8). The non-party company pays 1.5 million won, which is the amount equivalent to 3% of the above loan, to the plaintiff every month (Article 11) as activity expenses (Article 11) if the payment of the above activity expenses is delayed three times or more, the contract between the non-party company and the non-party company (Article 17(2)) (hereinafter "the contract of this case").
(2) On the other hand, the Defendant concluded the instant contract (hereinafter “instant contract”).
(2) The key issue of this case is whether the defendant has expressed his intent of joint and several sureties against the plaintiff of the non-party company, or whether the plaintiff has expressed his intent of joint and several sureties against the non-party company's damages liability against the non-party company, or whether the plaintiff has expressed his intent of joint and several sureties with respect to the non-party company's damages liability against the non-party company or the non-party company's intention of joint and several sureties for each of the above obligations.
However, if a disposal document is prepared as in the instant contract, the disposal document is recognized as authentic.