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1. Defendant B shall pay 30,000,000 won to the Plaintiff and 20% per annum from September 10, 201 to the date of full payment.
Reasons
1. Determination as to the claim against the defendant B
A. A. Around November 27, 2001, the Defendant, which indicated the claim, was liable to pay D the loan amount of KRW 30 million,00,000,000 to D. However, if the Plaintiff subrogated for the loan amount, the Defendant is liable to pay the Plaintiff the amount of KRW 30,000,000 by subrogation and the delay damages.
(b) Judgment by publication: Article 208 (3) 3 of the Civil Procedure Act;
2. Determination as to the claim against Defendant C
A. On November 27, 2001, the Plaintiff’s assertion B bears the obligation of the borrowed amount of KRW 30 million against D. However, the Plaintiff agreed to pay the Plaintiff KRW 30 million by December 31, 2002 when the Plaintiff makes a payment by subrogation. The Defendant granted the Plaintiff the right of representation for the joint and several guarantee of the Plaintiff’s above obligation to the Plaintiff, and eventually the Defendant guaranteed the above obligation. Since the Plaintiff made a payment by subrogation against D, the Defendant is jointly and severally liable to pay the Plaintiff the subrogated amount of KRW 30 million and damages for delay.
B. According to the evidence Nos. 2 and 4, it is recognized that B issued a letter of payment written by the Defendant as a joint and several surety (hereinafter “instant letter of payment”) to the Plaintiff on November 27, 2001 and the Defendant’s certificate of personal seal impression issued on October 8, 2001.
However, the following circumstances, which are acknowledged by integrating the purpose of the entire pleadings in the statements in Gap evidence 1 to 8 and Eul evidence 1, are the following circumstances, namely, Article 6 of the instant letter of payment, stating that "If joint and several guarantors C are staying in a foreign country, and they return to the Republic of Korea on July through August 2002, the debtor B shall jointly and severally guarantee C which is a joint and several surety and shall prepare and grant a notarial deed to A under this letter of payment without any framework, however, the letter of payment in this case was made up on November 27, 201.