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1. The Defendant shall pay to the Plaintiff the amount of KRW 213,908,321 among the Plaintiff and KRW 144,732,138 from July 15, 2016 to the day of full payment.
Reasons
1. Determination as to the cause of claim
A. 1) On November 23, 201, the Plaintiff concluded a loan agreement with the Defendant to grant a loan with a loan of KRW 450 million (hereinafter “instant loan agreement”) at a fixed rate of 19.5% per annum on November 23, 201, with a maximum of 19.5% per annum on the date the loan expires (hereinafter “instant loan agreement”).
(2) As of July 14, 2016, the interest rate for delay under the instant loan agreement is 17.87%, and the interest for delay is 144,732,138 won, and the unpaid interest is 69,176,183 won.
[Reasons for Recognition] Facts without dispute, entry of Gap 1 to 19 evidence (including provisional number), the purport of the whole pleadings
B. According to the facts found above, the Defendant is obligated to pay to the Plaintiff the amount of KRW 213,908,321 (i.e., the principal amount of KRW 144,732,138; KRW 69,176,183); and damages for delay calculated at the rate of 17.87% per annum from July 15, 2016 to the date of full payment.
2. Judgment on the defendant's assertion
A. The gist of the argument is that the actual principal debtor of the loan contract of this case is B, and the defendant concluded the loan contract of this case formally without the intention to bear the debt in substance. Thus, the defendant is not liable under the loan contract of this case.
B. In order to establish a false declaration of conspiracy, there must be an agreement between the other party and the other party as to the disagreement. If a third party directly puts his/her signature and affixes his/her seal on loan-related documents, such as a monetary loan agreement, etc., the third party himself/herself indicates that the debtor of the loan for consumption is the financial institution, and the third party has expressed his/her intent to have another person use the loan under the name of the third party by avoiding the lending restriction stipulated by the financial institution.
Even if the principal and interest are to be repaid at the expense of another person, barring special circumstances.