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The Defendants jointly and severally liable to the Plaintiff for KRW 50 million and the Defendants Company B from March 31, 2019 to April 2020.
Reasons
1. Claim against Defendant B (hereinafter “Defendant B”)
A. The Plaintiff, with respect to the right to operate the cafeteria of the D Facilities, borrowed the total sum of KRW 50 million to Defendant B, KRW 10 million on January 28, 2019, and KRW 20 million on February 12, 2019, and KRW 50 million on February 25, 2019, respectively. Defendant B and Defendant C Co., Ltd (hereinafter “Defendant C”) made loans on February 12, 2019, on the ground that: (a) Defendant B and the Defendant C Co., Ltd. (hereinafter “Defendant C”) borrowed a certificate of KRW 50 million on March 30, 2019, at KRW 10% per annum.
(b) Articles 208(3)2 and 150(3) of the Civil Procedure Act of the judgment based on the recommendation of confession;
2. The Plaintiff’s claim against Defendant C lent KRW 50 million in total to Defendant B, KRW 10 million on January 28, 2019, and KRW 20 million on February 12, 2019 and February 25, 2019, respectively. The Defendants prepared and delivered a loan certificate with interest rate of KRW 50 million on February 12, 2019, KRW 30,000 on March 30, 2019, and KRW 10% on interest rate of KRW 10,000 on March 30, 2019 (this appears to have been signed and sealed by Defendant C as a joint and several surety) to the Plaintiff. According to the above facts, Defendant C is jointly and severally liable with Defendant B to pay the interest rate of KRW 50,000 and KRW 20,000 on the interest rate of KRW 31,200,000 on the interest rate of KRW 31,319.
As to this, Defendant C asserts that he is liable only for KRW 30 million, since he/she had signed and sealed the loan amount of KRW 20 million on February 25, 2019 at the time he/she signed and sealed it. However, Defendant C’s representative director signed and sealed the loan amount of KRW 50 million on February 12, 2019 on the loan certificate (Evidence 2). As seen earlier, it is the conditions for the establishment of joint and several liability obligation that all of the loans are paid at the time of signing and sealing the loan certificate to the meaning of joint and several liability.