대여금
1. The Defendant shall pay to the Plaintiff KRW 61,504,109 and the interest rate of KRW 20% per annum from February 12, 2014 to the day of complete payment.
1. The defendant's defense prior to the merits asserted that the plaintiff's claim in this case should be dismissed since it was not a party's standing, since the plaintiff did not enter into a loan contract for consumption with the plaintiff. However, in a lawsuit for performance, the plaintiff's standing to be the party's own claim and the judgment is absorbed into the judgment as to the propriety of the claim. Thus, the plaintiff's claimant for his claim for payment is a legitimate plaintiff and the person asserted as the obligor becomes the defendant (see Supreme Court Decision 2003Da44387, 44394, Oct. 7, 2005). Thus, the defendant's above assertion is without merit.
2. Judgment on the plaintiff's claim
A. The Plaintiff’s assertion (1) on September 23, 2008, upon the Defendant’s request, paid to the Defendant KRW 5,440,000,000,000,000,000,000,000,000,000 won for the Defendant and the due date for payment, as security, as well as one copy of a promissory note issued by YM Co., Ltd. (hereinafter “instant promissory note”).
In addition, since the Defendant repaid KRW 15 million to the Plaintiff on August 14, 2012, the Defendant was obligated to pay KRW 11,789,679 to the Plaintiff for the loan, the remainder of KRW 3,210,321 to the interest, and the remainder of KRW 3,210 to the principal. Therefore, the Defendant is obligated to pay KRW 61,504,109 to the Plaintiff and its delay damages within the scope of KRW 61,789,679 (=65,00,000 - KRW 3,210,321).
(2) The Defendant’s assertion did not borrow money from the Plaintiff, and only introduced Nonparty C to the Plaintiff. Since the Plaintiff received the instant bill from C at a face value of KRW 65 million and paid KRW 59.44 million at a discount on the said bill, the Defendant is not liable.
B. Determination Doctrine, sctrine, and 4, Gap evidence Nos. 1, 2, and 4, Eul evidence Nos. 1-2, 3, 2, 3, and 4, and the testimony and the purport of the whole pleadings by the witness C.