대여금
The defendant shall pay 162,50,000 won to the plaintiff and 24% per annum from November 29, 2019 to the day of complete payment.
In fact, on February 20, 2019, the Plaintiff borrowed KRW 200 million from the Defendant and repaid in seven installments until February 19, 2021 (including KRW 30 million on August 28, 2019, KRW 30 million on November 28, 2019, KRW 30 million on February 28, 2020, KRW 30 million on May 28, 2020, KRW 30 million, KRW 30 million on August 28, 2020, KRW 30 million on August 28, 2020, KRW 30 million on August 28, 2020, KRW 30 million on November 28, 2020, KRW 200 on February 19, 201, and KRW 21,000 on all property at the time of default shall be subject to the legal liability of the Plaintiff.
The Plaintiff received reimbursement of KRW 37,500,000 from the Defendant during 12 times from September 5, 2019 to April 30, 2020.
[Ground of recognition] The plaintiff did not dispute, Gap 1 and 2 evidence, and the ground for a claim as to the purport of the entire pleadings, and the plaintiff claimed 162,50,000 won and delayed damages to the defendant by appropriating the above repayment to the principal.
According to the above facts, the defendant is obligated to pay the amount repaid to the plaintiff as principal at the rate of 24% per annum, which is the agreed interest rate from November 29, 2019 to the date of full payment, with the loan amount of KRW 162,50,000, which is appropriated for principal and the second installment payment day after the date of repayment.
On this issue, the defendant asserts that since the actual debtor C is the debtor, the claim should be filed against C.
However, Gap evidence No. 1 was prepared by the defendant, and the repayment was also made by the defendant, and the plaintiff was aware that he was the debtor as the debtor.
Since it appears, regardless of who actually used money, the plaintiff must request the defendant to pay the loan on the above loan certificate.
Therefore, the defendant's above assertion is without merit.
In conclusion, the plaintiff's claim is reasonable, and it is decided as per Disposition by admitting it.