대여금
1. The Defendant shall pay the Plaintiff KRW 100,000,000 and the interest rate of KRW 15% per annum from November 18, 2014 to the date of full payment.
1. The facts of the basis C are without dispute between the parties that the Defendant signed a promissory note (Evidence A No. 1; hereinafter “the Promissory Notes”) dated November 20, 2005, with a face value of KRW 100,000,000,000,000 in guaranteeing the obligation of the borrowed amount.
2. Determination on the cause of the claim
A. The gist of the party's assertion 1) The defendant 2) borrowed money from D several times from 2005 to 2005.
The defendant asked D to lend money to C as a entertainment-related business, and D refused to lend money.
Since D may lend money to C, D had the Defendant guaranteed C’s obligation for borrowed money, and signed the Promissory Notes in this case, and the Defendant signed it.
Therefore, since the Defendant guaranteed the Defendant’s obligation for the borrowed money is not D but D, the Plaintiff cannot claim the Defendant’s obligation for the borrowed money.
B. In full view of the following circumstances acknowledged as a whole by comprehensively taking account of the statements in subparagraphs 1 through 3 and the witness D’s testimony, it is reasonable to deem that a person who borrowed KRW 100 million to C and received a guarantee for the above loan obligation from the Defendant is the Plaintiff. Since the statements in subparagraphs 1 through 4 and the witness E’s testimony alone are insufficient to reverse this, the Plaintiff’s assertion is reasonable, and the Defendant’s assertion in this part is not acceptable.
D, which the Defendant asserted as the obligee, consistently, testified that the Plaintiff was the obligee as follows, and that himself was only the introduction of the Plaintiff and C.
- Does have lent money to the Defendant several times, so it was thought that he had lent money to the Defendant.
However, the defendant borrowed money to C, who is not well-known by the defendant, instead of introducing the plaintiff.
Accordingly, the Plaintiff may pay money for checks and cash.