Therefore, barring any special circumstance, the Defendant is obligated to pay to the Plaintiff the interest and delay damages from the loan principal of KRW 39,600,000 up to May 27, 2020 to the interest and delay damages of KRW 1,075,515) and the principal of the loan principal of KRW 39,60,000 from May 28, 2020 to June 23, 2020, the delivery date of the original copy of the instant payment order, 8.4% per annum from June 23, 2020, and damages for delay calculated at the rate of 12% per annum as stipulated in the main sentence of Article 3(1) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the date of full payment.

2. Judgment on the defendant's assertion

A. As to this, the defendant borrowed the above money from the plaintiff while entering into a contract for sale in lots with a third party, and the third party agreed to pay the above money to the plaintiff on behalf of the defendant, so the plaintiff's claim is groundless.

However, there is no evidence to acknowledge the above assertion by the defendant, and even if it is assumed that the third party had concluded an agreement between the defendant and the third party on behalf of the defendant to repay the above amount on behalf of the defendant, there is no evidence to acknowledge that the plaintiff approved it, which is not the assumption of the obligation, but the assumption of the obligation jointly with the defendant.