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1. The Defendant’s KRW 83,611,753 as well as the Plaintiff’s KRW 7.17% per annum from November 23, 2016 to December 10, 2016 and the following.
Reasons
1. Facts of recognition;
A. On February 4, 2013, the Defendant approved that the basic terms and conditions of credit transaction between the Plaintiff and the Plaintiff apply, and prepared a loan transaction agreement between the Plaintiff to obtain a loan of KRW 270,000,000 with a secured loan, and the Plaintiff paid the loan to the Defendant on the same day.
(hereinafter “instant loan agreement”). B.
The interest rate applicable to the loan agreement of this case is 7.17% per annum, and the overdue interest rate is 18% per annum.
C. The Plaintiff, who did not pay interest under the instant loan agreement, received dividends of KRW 275,928,870 on real estate at an auction and appropriated for the repayment of interest, overdue interest, and some principal. However, the interest calculated at the rate of 7.17% per annum from November 23, 2016 to December 10, 2016, and overdue interest calculated at the rate of 18% per annum from December 11, 2016 to December 11, 2016, did not be repaid.
[Reasons for Recognition] Each entry of Gap's evidence Nos. 1 and 4, the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant is obligated to pay the principal and interest of loan under the loan agreement of this case to the plaintiff unless there are special circumstances.
B. At the time of the loan agreement of this case, the defendant provided only the name of the debtor at the time of the loan agreement of this case, and the plaintiff's employee was aware that the defendant was not the actual borrower, and thus, the loan agreement of this case
However, there is no evidence that the loan agreement of this case is false conspiracy.
C. Therefore, the Defendant is obligated to pay to the Plaintiff the interest calculated at the rate of 7.17% per annum from November 23, 2016 to December 10, 2016 and the interest calculated at the rate of 18% per annum from December 11, 2016 to the date of full payment.
3. Conclusion, the plaintiff's claim of this case is accepted on the ground of the reasons.