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1. The defendant shall pay to the plaintiff the amount of KRW 115,427,99 and the amount of KRW 89,018,882 from January 8, 2014 to the day of full payment.
Reasons
1. Facts of recognition;
A. On April 13, 2010, the Plaintiff entered into a loan transaction agreement (hereinafter “instant loan agreement”) with the Defendant on April 13, 2010, under which the loan agreement was made with a company-based general loan, the loan amount of KRW 104,00,000, the loan amount of KRW 104,000 on April 11, 2012 on the expiry date of the loan, the interest rate of KRW 3.84 per annum, the interest rate of KRW 3.84 per annum, the interest rate of KRW 17% per annum (less than three months), and the interest rate of KRW 19% per annum (not less than three months) on the same day.
B. The remaining principal based on the instant loan agreement as of January 7, 2014 is KRW 89,018,882, and the total interest is KRW 26,409,117.
[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 4, the purport of the whole pleadings
2. Determination
A. According to the above facts, the Defendant is obligated to pay to the Plaintiff the amount of KRW 115,427,99 (=89,018,882 Won 26,409,117) and damages for delay calculated at the rate of 17% per annum for the Plaintiff within the agreed interest rate of KRW 89,018,882 from January 8, 2014 to the date of full payment.
B. As to the Defendant’s assertion, the Defendant asserted that, at the time of the instant loan agreement, the Plaintiff was aware or could sufficiently know the fact that the Defendant was the name holder who lent only the name of the debtor to B and C (the actual owner of B) that was the actual debtor at the time of the instant loan agreement, the instant loan agreement is null and void as a false conspiracy. 2) As such, the instant loan agreement asserts that there is no difference between the truth and the indication of the declaration of intent in order to establish a false conspiracy, and there is an agreement with the other party as to the difference. If the third party directly signed and sealed as the principal debtor or joint guarantor in the loan-related documents, such as the loan agreement for consumption, etc., the third party expressed that he was the debtor of the loan agreement, and the third party was given a loan under the name of the third party by avoiding the provision such as