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1. The Defendant shall pay to the Plaintiff KRW 50,00,000 and the interest rate of KRW 20% per annum from March 1, 2014 to the day of complete payment.
Reasons
1. Facts of recognition;
A. The plaintiff and the defendant are parties with friendship, and the non-party C is the defendant's assistance.
B. On March 21, 2008, the Plaintiff accepted the Defendant’s request that money be needed as business financing for C, and deposited KRW 50,000,000 to C’s financial institution account.
C. As of March 21, 2008, the Defendant prepared a loan certificate of KRW 50,000 (No. 1; hereinafter “the loan certificate of this case”) with the loan certificate of KRW 50,000 and delivered it to the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 3, the purport of the whole pleadings
2. Determination
A. According to the above facts finding as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the above KRW 50,000,000 and damages for delay calculated at the rate of 20% per annum from March 1, 2014 to the day of complete payment, following the delivery of the original copy of the instant payment order, to the day of full payment, as the obligor on the instant loan certificate, barring special circumstances.
(A) The Plaintiff sought payment of interest calculated at the rate of 5% per annum as stipulated in the Civil Act from March 21, 2008, which is the date on which the above loan certificate was drawn up. However, there is no evidence to prove that the Plaintiff and the Defendant agreed to pay interest for the above KRW 50,000,000.
The defendant's defense and its decision 1) The summary of the defendant's defense does not directly borrow KRW 50,00,000 from the plaintiff, but guarantees the defendant's obligation to borrow KRW 50,00,000,00, which is the principal debtor, and the plaintiff prepared and delivered a notarial deed for a loan for consumption on January 22, 2013 by C and C, and the defendant agreed to discharge the defendant's obligation from all as it was provided as additional security, so the plaintiff's claim against the defendant of this case against the defendant is legitimate. 2) The defendant first set up the letter of loan of this case to the effect that the defendant borrowed KRW 50,00,000 from the plaintiff.