대여금
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Basic facts
A. On November 1, 2005, the Plaintiff lent KRW 50 million to Nonparty B (hereinafter “instant loan”).
B. Of the instant loans, the Plaintiff received reimbursement of KRW 25 million on February 2, 2007, and KRW 10 million on October 1, 2007, respectively. However, as the remainder was not repaid, the Plaintiff filed a lawsuit claiming a loan against the Plaintiff Company B and B, who was in office as the representative director at the Changwon District Court Decision 2008Gau1084, Changwon District Court Decision 2008Gau1084, and was sentenced to the said court as “B and C Co., Ltd shall jointly and severally pay to the Plaintiff KRW 15 million and its delay damages.”
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings
2. The plaintiff's assertion and judgment
A. The plaintiff's assertion on November 2005, the defendant continuously asked or urged the plaintiff to lend KRW 50 million to B. If the defendant is unable to receive the above loan, the defendant is responsible for the repayment of the loan and the plaintiff lent KRW 50 million to B. Thus, the defendant is obligated to pay the loan debt of KRW 50 million.
Therefore, the Defendant is obligated to pay to the Plaintiff interest of KRW 12,136,986, ③ 25 million with interest rate of KRW 20% per annum from November 7, 2005 to February 16, 2007, which was paid to the Plaintiff KRW 15 million with interest rate of KRW 12,136,986, ③ 25 million with interest rate of KRW 3,123,287, ④ 15 million with interest rate of KRW 15 million from February 17, 2007 to 228 days with interest rate of KRW 3,123,287, and KRW 460,273, 208, and KRW 2079,4529, and delay damages with interest rate of KRW 509,798,98 as stated in the order of the judgment of the Changcheon District Court of Korea (Seoul District Court of 208Da1084).
B. We examine whether the Defendant guaranteed the Plaintiff’s loan obligation to the Plaintiff, and if the evidence submitted by the Plaintiff alone prevents the Plaintiff from receiving the loan from the Plaintiff, the Defendant is liable and repaid.