beta
Text
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 7, 2015, upon request of D through D through D, the Plaintiff: (a) around June 2015, the period of repayment was determined as of June 2015; and (b) the interest rate was set at 3% per month and lent KRW 100,000,000 to D.
B. After that, D’s failure to repay the above KRW 100,000,000 to the Plaintiff via C, D requested additional loans of KRW 200,000 to the Plaintiff through C. On July 4, 2015, “debtor D borrowed KRW 300,000 from the Plaintiff at the interest rate of KRW 3% per month; on the other hand, the additional borrowed KRW 200,000,000 from the borrowed loan until July 31, 2015; and on May 7, 2015, the additional borrowed KRW 100,000,000 for the borrowed loan as of May 7, 2015 (hereinafter “the instant loan certificate”) was issued with the Defendant’s personal seal impression affixed to D’s spouse as a joint and several surety; and on the other hand, the Defendant’s personal seal impression was issued and issued to C. 45,51.45.
C. On July 4, 2015, the day when the instant loan certificate was prepared, the Plaintiff transferred additional loans promised to account in the name of D immediately upon receipt of the instant loan certificate from C.
[Ground of recognition] Facts without dispute, Gap evidence 1-2 and 3-3, witness C and D's testimony, the purport of the whole pleadings
2. Summary of the plaintiff's assertion
A. On July 4, 2015, the Defendant entered into a contract with the Plaintiff, as the Defendant’s agent, to jointly and severally surety the Defendant’s debt to the Plaintiff. As such, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 25% per annum, which is the maximum interest rate under the Interest Limitation Act, for KRW 109,80,000, the balance of the principal and interest of the loan based on the instant loan certificate, and the remaining principal, from November 10, 2016 to the date of full payment, with respect to KRW 10,00,000, which is the date following the date of final payment.
(b) even if D did not have legitimate authority to act for the defendant;