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1. The Defendants are jointly and severally liable to the Plaintiff KRW 70,000,000, and Defendant B and D with respect thereto from January 30, 2018, and Defendant C with respect thereto.
Reasons
1. Determination on the cause of the claim
A. The Defendants asserted 1) on March 3, 2013, the summary of the Plaintiff’s assertion that “Defendant B, as a borrower, Defendant C and D, as a joint and several surety, shall pay to the Plaintiff KRW 70,000,000 at interest rate of KRW 3% per month, and shall be repaid until October 3, 2013,” and the Defendants are jointly and severally liable to pay the Plaintiff the above KRW 70,000,000 and the delay damages therefor. (2) The summary of the Defendants’ assertion that Defendant D and the Defendant C’s mother, as a joint and several surety, agreed to open a restaurant in the name of Defendant B, and borrowed KRW 10,00,00,00 from the Plaintiff to the Defendant, Defendant C and D as the obligor, and the surety, and the Plaintiff’s portion exceeding KRW 10,00,000,000,000,000,000,000,000,000.
B. In full view of the following facts and circumstances, it is reasonable to view that the Defendants agreed to pay KRW 70,00,00 to the Plaintiff as a borrower and a joint surety by granting the loan certificate of this case to the Plaintiff around March 3, 2013 by taking account of the descriptions of evidence Nos. 1, 2, and 3, as well as the witness E’s testimony and evidence Nos. 1, 2, and 2 (including the serial number) as follows. The witness E’s testimony against this agreement is difficult to believe, and it is insufficient to reverse the above recognition.
The Defendants, out of the loan certificates of this case, recognize the authenticity of the signature and seal itself.
Defendant D filed a complaint against the Plaintiff on the ground that “the Plaintiff altered the column for the amount of the loan certificate of this case,” but the prosecutor in charge issued a decision that he was not guilty on August 31, 2018.
Upon E’s request, the Plaintiff KRW 10,000,000,000, with the account in the name of E in February 23, 2013.