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1. The Defendant’s KRW 50,000,000 and the Plaintiff’s annual interest thereon from July 1, 2018 to November 14, 2018, and the following.
Reasons
According to the purport of the argument in Gap evidence No. 1, it is recognized that Eul, an administrative employee of the plaintiff, Eul, and Eul, a joint guarantor, who was withdrawn from the lawsuit, made a loan of KRW 50,00,000 from the plaintiff on June 1, 2018 (the evidence No. 1; hereinafter "the loan certificate of this case") to be borrowed on June 30, 2018. The plaintiff deposited KRW 50,000,000 on the same day into the non-party E account, the head of the hospital of C.
According to the above facts, barring any special circumstance, the defendant, as the debtor of the loan certificate of this case, is obligated to pay the plaintiff 50,000,000 won with the loan certificate of this case and 5% per annum as prescribed by the Civil Act from July 1, 2018 to November 14, 2018, the date of delivery of the copy of the complaint of this case from July 1, 2018, as prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to May 31, 2019, 15% per annum as of May 31, 2019, and 12% per annum as of the next day until the day of full payment (the interest rate after June 1, 2019, the main sentence of Article 3 (1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings amended as of May 21, 2019). The defendant asserts that the defendant is not the borrower of this case, but the borrower of this case.
In general, who is a party to a contract constitutes a matter of interpretation of the intent of the party involved in the contract, and the interpretation of the expression of intent clearly establishes the objective meaning that the party has given to the act of expressing the intent. In the event that the party to the contract prepares in writing a disposition document between the parties to the contract, it shall not be subject to the phrase used in the document, but it shall not be subject to the party’s internal intent, regardless of the party’s internal intent,