대여금
1. The Defendant shall pay to the Plaintiff KRW 13,00,000 and the interest rate of KRW 15% per annum from February 14, 2018 to the day of complete payment.
1. The defendant's judgment on this safety defense asserts that since the plaintiff transferred his claim against the defendant to the non-party C around 201, the plaintiff is not qualified to be a party and the claim of this case should be dismissed. However, in a lawsuit for performance, since the plaintiff's standing to be a party itself is nominal and the judgment on the propriety of the claim is added to the judgment on the propriety of the claim, the plaintiff's assertion on his claim is a legitimate plaintiff and the person who asserted his claim as a obligor becomes a legitimate defendant (see Supreme Court Decision 2003Da44387, 44394, Oct. 7, 2005). Thus, the defendant's above assertion is without merit.
2. The facts of the Plaintiff’s cause of claim as to the Plaintiff’s claim are as shown in the attached Form, which are the same as the fact that there is no dispute or no clear dispute, and the purport of the evidence No. 1-2 and No. 2-1 as to the Plaintiff’s claim and the entire purport of pleading
As to this, the defendant alleged that the defendant borrowed money from the plaintiff on March 26, 2007 from the plaintiff, but the loan amount of KRW 13 million is not KRW 26 million, and thereafter, on August 23, 2017, the plaintiff paid KRW 13 million to D, the former owner of the plaintiff on August 23, 2017, and thus there is no obligation against the plaintiff. Thus, in light of each of the statements in subparagraphs 1-2 and 2-1 of evidence No. 1-2 and evidence No. 1-1, it is not sufficient to recognize the defendant's argument, and there is no other evidence to acknowledge this. Thus, the defendant's argument is without merit.
Therefore, as the Plaintiff seeks, the Defendant is obligated to pay the loan 13 million won and the damages for delay at the rate of 15% per annum from February 14, 2018 to the day of full payment, which is the day following the delivery of a copy of the complaint of this case, to the day of full payment.
3. Conclusion, the plaintiff's claim is justified and acceptable.