대여금
1. The part of the judgment of the court of first instance against the plaintiff falling under the subsequent order of payment shall be revoked.
The defendant.
1. Basic facts: (a) NFF Co., Ltd. (the trade name of the Plaintiff was changed to, on November 21, 2008, Hyundai Switzerland Savings Bank, Hyundai 3 Savings Bank, Inc. on August 26, 2010, respectively, and was merged into, the Plaintiff on September 1, 2013, and was merged into, the Plaintiff on October 31, 2014 during the first instance trial; hereinafter collectively referred to as the “Plaintiff”) remitted KRW 863,00,000 to the account under the Defendant’s name on September 11, 2006.
② Around that time, the Plaintiff drafted a credit transaction agreement (Evidence A2; hereinafter “instant agreement”) to lend KRW 863,00,000 to the Defendant, and B Co., Ltd (joint representative C) jointly and severally guaranteed the Defendant’s obligation of loans to the Plaintiff.
③ On June 29, 2009, E obtained a loan of KRW 10,900,000 from the Plaintiff, and repaid to the Plaintiff KRW 863,00,000,000 of the loan principal under the name of the Defendant.
【Reasons for Recognition: Facts that there is no dispute or there is no clear dispute, Gap 1 through 5, 10, 12-6, testimony of the witness C of the first instance trial, and the purport of the whole pleadings
2. On September 11, 2006, the Plaintiff asserted that the Plaintiff lent KRW 863,000,000 to the Defendant at an interest rate of 10.5% per annum and 24% per annum.
The Defendant did not pay interest and delay damages to the Plaintiff from June 30, 2008.
Accordingly, on November 6, 2008, the Plaintiff urged the Defendant to pay the payment, and the Defendant lost the benefit of time on November 12, 2008, which was three business days thereafter.
따라서 피고는 연대보증인인 B 주식회사와 연대하여 원고에게 ㈎ 대출원금에 대한 미지급 약정이자 33,515,137원, ㈏ 대출원금에 대한 미지급 약정지연손해금 129,946,521원 중 일부인 111,576,476원, ㈐ ㈎항의 미지급 이자에 대한 약정지연손해금 44,559,522원의 합계 189,651,135원(= 33,515,137원 111,576,476원 44,559,522원)을 지급하여야 한다.
3. Determination on the cause of the claim
(a) contracting parties; and