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1. Defendant C’s KRW 100,000,000 and its amount are 12% per annum from June 24, 2017 to January 4, 2018.
Reasons
Basic Facts
On June 23, 2017, the Plaintiff agreed to lend KRW 100 million to Defendant C, who is so called Defendant B’s agent (hereinafter “instant loan”) and the due date until August 31, 2017, respectively, to KRW 1% per month.
Defendant C received 100 million won of the instant loan from the D Bank account in the name of Defendant B, and thereafter actually used the said money by remitting almost all of the said money to E’s account.
At the time of the instant lease, the loan certificate (Evidence A 1) prepared by the Plaintiff and Defendant C is written by the primary debtor as Defendant B and the guarantor as C, respectively.
[Based on the fact that there is no dispute, Gap evidence 1, Eul evidence 2, Eul evidence, Eul evidence 3, and the purport of the entire argument as to the occurrence of the loan debt of defendant Eul, the defendant C is obligated to pay interest or delay damages calculated at the rate of 15% per annum, which is the legal interest rate under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from June 24, 2017, the following day of the loan of this case, to the plaintiff as the debtor of the loan of this case, and the amount of interest or delay damages calculated at the rate of 12% per annum, which is the legal interest rate under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the day of complete payment.
As to this, Defendant C alleged that it repaid KRW 40 million among the instant loans, but there is no evidence to acknowledge such repayment. Therefore, the above Defendant’s above assertion is without merit.
Defendant B, as the principal debtor of the instant loan, is liable to pay the Plaintiff, the summary of the Plaintiff’s assertion as to the claim against Defendant B.
Judgment
There are 1 evidence to support the plaintiff's assertion, but there is no evidence to prove the authenticity of the document.
Rather, Defendant C is the name of Defendant B.