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The defendant shall pay 53,803,129 won to the plaintiff and 12% per annum from March 17, 2020 to the day of complete payment.
Reasons
1. Facts of recognition;
A. On November 26, 2019, the Plaintiff received from the Defendant a certificate of borrowing with the following contents attached with the Defendant’s certificate of personal seal impression (hereinafter “instant certificate of borrowing”).
B C E D C AF G
B. On December 9, 2019, the Plaintiff appears to include KRW 4,126,640, KRW 49,676,489, and KRW 4,127,140, KRW 49, and KRW 49,676,989, as stated in the certificate of deposit issued by Gap No. 3, respectively, at a new bank account in the name of C on December 9, 2019.
A total of 53,803,129 won was deposited.
【Reasons for Recognition】 The descriptions of evidence Nos. 1, 2, and 3, and the purport of the whole pleadings
2. Determination
A. According to the above facts, the Plaintiff is obligated to pay KRW 53,803,129, which the Defendant borrowed from the Plaintiff as stipulated in the loan certificate of this case, to C, and the amount of KRW 53,803,129, which was due on December 31, 2019, which was due date for repayment of KRW 53,803,129. As such, the Defendant is obligated to pay to the Plaintiff the amount of KRW 53,803,129, and damages for delay calculated at the rate of 12% per annum from March 17, 2020 to the day of full payment, which is the day following the delivery date of the original copy of the instant payment order of this case, which was due date for the Plaintiff.
B. As to this, although the Defendant submitted the instant loan certificate, a certificate of personal seal impression, and a resident registration certificate to borrow funds from H, the Defendant asserted that it cannot accept the Plaintiff’s claim because it did not have any debt guarantee for a third party, and there is no fact that it received funds from the above H, but there is no evidence to acknowledge the above facts, the Defendant’s assertion is difficult to accept.
3. The plaintiff's claim for conclusion is justified, and it is so decided as per Disposition.