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1. The Defendants shall jointly and severally pay to the Plaintiff KRW 100,000,000 and the interest rate therefor from January 1, 2016 to the date of full payment.
Reasons
1. The assertion;
A. Upon Defendant B’s request, the Plaintiff borrowed KRW 100,000,000 on March 4, 2015, and KRW 49,590,000 on October 10 of the same month to Defendant B by means of remitting KRW 100,000 to Nonparty E’s passbook in the name of Nonparty E. In this regard, the Plaintiff and Defendant B entered into a loan certificate on March 3, 2015, setting the loan certificate as KRW 100,000,000, interest rate of KRW 2,000,000, and the due date of payment on December 30, 2015. At that time, Defendant C and Defendant D agreed on the joint and several guarantee obligation with the Plaintiff.
However, since the defendants did not pay the above money, the plaintiff sought payment of the money stated in the purport of the claim from the defendants.
B. The Defendants’ assertion that Defendant B, along with Nonparty F, engaged in the same business, in G in Jeju Island G located in Jeju-do (hereinafter only referred to as the “intersectin G”) with the Plaintiff as the operating fund of 100,000,000 won from the Plaintiff. However, the Plaintiff and Defendant B concluded a contract on the transfer of the shares in the same business with Defendant B on January 2016 for the transfer of the shares in the same business, and substituted for the repayment of the instant loan.
2. According to the purport of the Plaintiff’s evidence No. 1 and the entire pleadings, the Plaintiff loaned KRW 100,000,000 to Defendant B on March 4, 2015 (hereinafter “the instant loan or loan obligation”) and the facts that Defendant C and Defendant D guaranteed the Plaintiff’s joint and several guarantee for the instant loan obligation.
Therefore, the Defendants are jointly and severally liable to pay to the Plaintiff 10 million won with interest rate of 24% per annum from January 1, 2016 to the date of full payment, which is the day following December 31, 2015, the agreed repayment date.
On the other hand, when examining the defendants' assertion that they substitute for the repayment of the loan of this case, the evidence of No. 5 or No. 16 (including the serial number) is written.