대여금
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. The following facts may be acknowledged, either in dispute between the parties or in full view of Gap evidence Nos. 1, 2, 11 through 20 (including additional numbers) and Gap evidence Nos. 3-2 through 4.
On November 26, 2012, the New Electric Power Bank (hereinafter referred to as the “New Power Bank”) entered into a loan agreement (hereinafter referred to as the “instant loan agreement”) with the Defendant on November 26, 2012, providing that KRW 170,000,000 shall be due on November 26, 2017, and the timing and method of payment of interest shall be every one month from the date of commencement of the loan, interest rate shall be 8% per annum, and interest rate shall be 22% per annum.
On the same day, Co-Defendant B Co-Defendant B Co-Defendant B Co., Ltd. (hereinafter referred to as “B”) of the first instance trial jointly and severally guaranteed the above loans owed to the non-party
B. On November 26, 2012, according to the instant loan agreement, the non-party union deposited KRW 169,925,000, excluding the revenue stamp tax of KRW 75,00 in the account of the non-party union (Account Number G) in the name of the defendant, and on the same day, the amount was transferred to the Agricultural Cooperative account in the name of B (Account Number C).
C. By February 25, 2013, the Defendant lost the benefit of time due to not paying only part of the principal and interest of the loan under the instant loan contract, and not paying the remainder of the principal and interest of the loan from February 26, 2013.
As of February 25, 2013, the principal of loans remaining under the loan agreement of this case is KRW 163,309,651.
E. On July 2, 2014, the Plaintiff merged Nonparty Association with one another.
2. Determination:
A. According to the above facts, the defendant is obligated to pay the principal and interest of the loan payable to the plaintiff who taken over the non-party partnership as the principal debtor of the loan contract of this case, unless there are special circumstances.
B. The Defendant’s assertion and determination (1) is owned by B from H and limited liability companies I and from E and F, the actual representative of J as of November 26, 2012, who were the representative director of B at the time when the Defendant was employed as a driver in B.