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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
Purport of claim and appeal
1.
Reasons
1. Basic facts
A. On December 9, 2010, Defendant B borrowed KRW 20 million from the Plaintiff and drafted a certificate of borrowed money (hereinafter “certificate of borrowed money”). The above certificate of borrowed money is written on September 1, 201 and the date of payment for interest payment is written on September 9, 201.
(The amount of interest column is a blank space). (b)
After that, from January 201 to November 201, 2012, Defendant B paid KRW 50,000 per month to the Plaintiff for 23 months. On June 30, 2013, the Plaintiff and Defendant B promised to repay the principal amount of KRW 20 million and interest KRW 3.5 million as of June 30, 2013 in the instant loan certificate (hereinafter “the instant additional agreement”), and Defendant C signed and sealed the instant loan certificate as a joint guarantor.
hereinafter referred to as "joint and several guarantee agreement of this case"
【Facts without dispute over the grounds for recognition, entry of Gap evidence No. 1, and purport of the whole pleadings.
2. Determination as to the cause of action
A. The Plaintiff asserts that the Defendants are jointly and severally liable to pay the loan amount of KRW 20 million and damages for delay in accordance with the agreed rate from December 2, 2012.
In this regard, the Defendants asserted that, although there was an interest agreement with the Plaintiff on the borrowed money, the interest should be calculated at the rate of 5% per annum, which is a civil interest rate, since they did not agree on the interest rate.
B. In light of the following circumstances known in the above facts, namely, Defendant B paid KRW 50,000 per month to the Plaintiff from September 1, 201, the maturity date for payment of KRW 23 months, and Defendant B entered in the loan certificate of this case on June 30, 2013, stating that “The principal amount of KRW 20,000,000 and interest KRW 3.5 million shall be repaid,” and the above amount is the amount calculated at the rate of KRW 500,000 per month from December 30, 2012 to June 30, 2013, which was not paid by Defendant B.