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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 115,325,00 and the interest rate thereon from July 24, 2018 to the date of full payment.
Reasons
1. Basic facts
A. From August 29, 2013 to December 22, 2013, the Plaintiff determined a total of KRW 75,000,000 to Defendant B as interest rate of 10% per annum and the due date of repayment on January 27, 2014.
B. On July 16, 2018, when Defendant B did not repay the above loan to the Plaintiff, the Plaintiff and the Defendants: (a) “Plaintiff” written commitment to discharge the loan (i.e., the sum of the principal of the loan plus the interest of KRW 75,00,000 and KRW 39,950,000 from August 29, 2013 to July 16, 2018; (b) the interest and delay interest rate of KRW 15% per annum; (c) the due date of payment; and (d) July 23, 2018; and (e) the Plaintiff and the Defendants prepared a written commitment to discharge the loan (as evidence 1-1, 2, hereinafter referred to as “written commitment to discharge”); and (b) the Plaintiff and the Defendants prepared a written commitment to discharge the loan under the name of the Plaintiff, Defendant B, and C (as “written commitment to discharge the loan”).
【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1 and 4 (if there is an additional number, including a branch number; hereinafter the same shall apply), the purport of the whole pleadings
2. The parties' assertion
A. As the content of the Plaintiff’s performance assurance, Defendant B agreed to pay KRW 115,325,00 to the Plaintiff, and Defendant C and D jointly and severally guaranteed this, the Defendants are jointly and severally liable to pay the said money to the Plaintiff.
B. Defendant C and D did not have signed and sealed a performance undertaking note 1, and Defendant D merely signed and sealed the performance undertaking according to Defendant B’s instructions with the knowledge of the content thereof. Defendant C and D did not have agreed to provide the Plaintiff with a joint and several surety for the Plaintiff’s obligations against the Plaintiff.
3. Determination
A. If the seal imprinted by the signature affixed to the relevant legal principles is affixed to the signature affixed to the signature, the authenticity of the seal shall be established, i.e., the seal affixed to the signature, unless there are special circumstances.