Text
1. The Defendants are jointly and severally liable to the Plaintiff for KRW 222,00,000 and Defendant B from September 1, 2010 to May 1, 2015.
Reasons
Facts of recognition
On May 10, 2010, the Plaintiff: “Defendant B borrowed KRW 300,000,000 from the Plaintiff on May 10, 2010; and among them, KRW 100,000,000 from the Plaintiff was promised to pay KRW 200,000 until May 19, 2010, respectively, until June 18, 2010.”
On June 23, 2010, the Plaintiff received from Defendant C a certificate of borrowing that “Defendant C shall jointly and severally guarantee the amount of KRW 300,000,000,000 from Defendant B, and KRW 100,000,000 from which it shall be paid until June 29, 2010, KRW 200,000 until July 23, 2010,” respectively.
(2) The Defendants are jointly and severally obligated to pay to the Plaintiff damages for delay calculated at a rate of 22,00,000 per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Lawsuit, etc., according to the loan certificate of this case, after deducting KRW 78,00,00,000, the Plaintiff was paid jointly and severally to the Plaintiff according to the loan certificate of this case from September 1, 2010 to May 1, 2015, the delivery date of the complaint of this case; Defendant C, by November 24, 2013, the delivery date of the complaint of this case; and Defendant C, by November 24, 2013, the delivery date of the complaint of this case, the delayed interest rate of each agreement, 24% per annum, and 20% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Lawsuit, etc., as claimed by the Plaintiff.
Defendant C asserted that “Defendant C borrowed KRW 50 million from the Plaintiff on June 18, 2010, but paid KRW 90 million as principal, interest, etc., and did not borrow KRW 300 million. In addition, Defendant C confirmed that the Plaintiff received KRW 78 million from Defendant B through the bank transaction details for two years (the fact that the amount of remittance via a third party is KRW 15 million) and that he was forgotten.”
(b).