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1. The Plaintiff:
A. Defendant B: (a) from October 23, 2018, 50,000 won and its related thereto:
B. Defendant C shall be KRW 50,000,000; and
Reasons
1. Facts of recognition;
A. On November 29, 2016, the Plaintiff: (a) borrowed KRW 50 million from Non-Party D’s joint and several sureties to Defendant B on October 12, 2017 on the due date for repayment; and (b) received a loan certificate by lending KRW 50 million to Defendant B as interest 1.5.
B. On December 23, 2016, the Plaintiff: (a) lent KRW 50 million under Nonparty D’s joint and several sureties to Defendant C on November 23, 2017 as the due date for repayment; and (b) received a loan certificate at the rate of KRW 1.5.
[Recognition] Fact that there is no dispute. Each entry in Gap evidence 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the cause of the claim, barring any special circumstance, the defendants are obligated to pay to the plaintiff 50 million won each of the above loan certificates and delay damages at the rate of 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the day after the copy of the complaint of this case was served to the day of full payment, as requested by the plaintiff.
B. The Defendants asserted as to the Defendants’ assertion that the Plaintiff’s claim for loans based on the above loan certificate is groundless on the grounds that the Plaintiff did not receive the relevant loan from the Plaintiff, although there was a fact that each of the instant loan certificate was prepared.
First of all, in light of the facts examined against Defendant B, the absence of dispute, and the purport of the entire argument in the evidence Nos. 1 and 4, Defendant B, the method of payment of the loan was that the Plaintiff received and delivered to Defendant B, as it is, the amount of KRW 50 million which Nonparty D would have to receive from the sequences in which Nonparty D would be at the time at the time, and that the Plaintiff did not receive from D the amount of KRW 50 million received from the said sequences, and that D paid interest thereon to the Plaintiff from December 29, 2016 to March 28, 2017, and that it was time for Defendant B to receive the loan through Defendant B. Accordingly, the Plaintiff did not receive from D the sequences in which it would have received, and thus, was actually given a loan to the Defendant.