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1. The Defendants are jointly and severally liable to the Plaintiff for KRW 120,000,00 and the Defendants’ amounting to KRW 4.5 million from June 1, 2018 to November 4, 2020.
Reasons
1. Basic facts
A. On January 30, 2015, Defendant B prepared a certificate of loan with the purport of borrowing interest of KRW 200 million to the Plaintiff, setting the interest rate under the Corporate Tax Act, due date for payment as specified on February 2, 2017 (hereinafter “the instant loan”), and Defendant C jointly and severally guaranteed the Defendant B’s above loan obligation to the Plaintiff.
B. Accordingly, on February 2, 2015, the Plaintiff transferred KRW 200 million to the account under Defendant B’s name.
C. Defendant B paid the Plaintiff KRW 80,000,000 as the instant loan repayment, KRW 30,000,000 on February 2, 2017, KRW 30,000 on February 6, 2017, KRW 10,000 on February 8, 2018, and KRW 10,000 on May 30, 2018.
【Non-contentious facts, Gap 1 through 3 evidence, Eul 1, 5, 6, 7 evidence (including abnormal numbers), the purport of the whole pleadings.
2. Determination
A. According to the above facts, the defendants are jointly and severally liable to pay to the plaintiff 120 million won (20 million won - 80 million won) which is the balance of the borrowed money of this case and damages for delay.
B. The Defendants’ assertion 1) against this, although Defendant B kept his seal impression with Defendant C at will, Defendant C prepared a certificate of loan (No. 1) with the loan of this case from Defendant B as the loan of this case. The loan contract of this case is made by an unauthorized representation or unauthorized representation or by a false conspiracy, and thus, Defendant B did not have the obligation to pay the loan of this case to the Plaintiff.
The Defendants acknowledged the loan of money between the Plaintiff and the Plaintiff as the submission of the reply on September 18, 2019, and acknowledged the fact that Defendant B lent the name in relation to the business cooperation agreement to be seen below between Defendant C and the Plaintiff upon the submission of the preparatory document as of May 25, 2020. In light of these circumstances, each of the written evidence Nos. 3 and 4 alone, Defendant C arbitrarily affixed the signature and seal on the instant loan certificate without Defendant B’s consent.
Defendant B between the Plaintiff and the Defendants.