beta
Text
1. The Defendants are jointly and severally liable to the Plaintiff for 60,000,000 won and 5% per annum from September 5, 2014 to April 24, 2017.
Reasons
According to the purport of Gap evidence No. 1 and all pleadings, the plaintiff extended approximately KRW 80 million to the defendants several times, and received part of them. The defendants, on September 5, 2009, are jointly and severally liable to the plaintiff as the principal debtor and defendant Eul, and the plaintiff borrowed KRW 60 million from the plaintiff as of September 4, 2014.
According to the above facts, the Defendants are jointly and severally obligated to pay to the Plaintiff the amount of KRW 60 million and the amount of delay damages calculated at each rate of 5% per annum under the Civil Act from September 5, 2014 to April 24, 2017, the delivery date of a copy of the complaint in this case, and 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of full payment.
As to this, the Defendants asserted that Defendant C made a false statement that he borrowed money from the Plaintiff, the husband, and lent KRW 60 million to Defendant C’s non-financing. Meanwhile, Defendant C borrowed KRW 20 million from the Plaintiff but repaid it in full. Defendant B did not know it, and Defendant C made a loan certificate to the Plaintiff, and Defendant C did not know what it is the joint and several surety in the way, and it did not borrow KRW 60 million from the Plaintiff.
However, each of the statements in Eul evidence Nos. 4, 5, and 13 (including paper numbers) is insufficient to reverse the above judgment and accept the defendants' above assertion. Therefore, the defendants' above assertion is without merit.
In addition, the Defendants asserted that Defendant B was granted immunity, and that the Plaintiff’s claim was omitted in the creditor list, but there was no “malicious”, and thus, the Plaintiff’s immunity on the instant loan claim is effective.
According to the evidence Nos. 1 and 2, if Defendant B is the Busan District Court 2011, 2808 immunity and 201Hadan2808 is declared bankrupt.