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1. The Defendants are jointly and severally liable to the Plaintiff for 50,000,000 won and each year from March 19, 2016 to May 30, 2016.
Reasons
Facts of recognition
On March 18, 2016, the Plaintiff prepared a loan certificate with the Defendants as follows:
(hereinafter “instant agreement”). The date of borrowing: March 18, 2016: KRW 50 million;
1. The above amount appears to be a clerical error in the year 2016 from the creditor.
3.18. I have borrowed without framework and confirmed that it will be performed as follows:
- The principal repayment period: May 30, 2016; interest rate: 10% per annum; and the date of payment of interest: 18th of each month;
2. Repayment of the principal and interest of the method of performance of obligation shall be made by sending them to the address of the obligee at a designated date or remitting them to the following deposit accounts:
- Banks: D Bank, Account Number: E, Account Number: Plaintiff
3. In the event of delay in the repayment of principal and interest, the obligor shall pay damages for delay at the interest rate of 30% per annum.
Creditors: The Plaintiff, the debtor, and the joint and several sureties: Defendant C transferred KRW 50 million to the bank account (D BankF) in the name of the Defendant Company in accordance with the instant agreement on March 18, 2016.
【In light of the facts found in the evidence Nos. 1 and 2 and the purport of the entire pleadings, the Plaintiff lent KRW 50 million to the Defendant Company, and the Defendant C was deemed to have jointly and severally guaranteed the above obligation. Thus, barring any special circumstance, the Defendants are jointly and severally liable to pay the Plaintiff KRW 50 million and damages for delay.
As to this, Defendant C provided the Plaintiff with cash amounting to KRW 50 million through a third party on September 18, 2015, Defendant C alleged that the Plaintiff’s claim in this case is groundless. However, since the instant agreement was subsequently concluded on March 18, 2016, Defendant C’s above assertion was without merit to further examine.
As the Plaintiff erroneously stated the lending date in the instant complaint on March 18, 2015, Defendant C merely appears to have asserted as above based on this, and the evidence attached to the Plaintiff’s complaint (Evidence A No. 1 and No. 2) submitted by the Plaintiff to the Plaintiff (the date of preparation and transfer of the loan certificate on March 18, 2016).