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1. The Defendant: (a) KRW 35,00,000 for the Plaintiff and 2% per annum from March 16, 2017 to October 19, 2017; and (b) the Plaintiff.
Reasons
1. Basic facts
A. On March 15, 2017, F, who was known to the ordinary meeting, requested that the Plaintiff “ despite having been at the Defendant’s request, to lend money to the Defendant on the security of the vehicle.”
B. At the time, F: (a) stated at the time of borrowing the loan agreement, “F will permit the operation until a debt is repaid in the custody of the creditor,” “Borrower, E, vehicle number G, and on March 15, 2017,” the statement to the effect that “Borrower will permit the operation of the vehicle in the custody of the creditor as of March 15, 2017; (b) the driver’s license to operate the vehicle on the side of “Borrower”; and (c) the owner’s delegation of the insurance agreement, which is adjoined to “owner E, so that the operator may be able to handle the insurance,” and the written consent to the insurance agreement, which is issued on March 14, 2017, by the Defendant himself, was written by the Defendant, and delivered to the Plaintiff along with a certificate of personal seal impression, the said vehicle, the keys of the said vehicle, and the vehicle registration certificate.
C. Accordingly, the Plaintiff decided to lend money to the Defendant, and transferred KRW 35,000,000 to the new bank account under the Defendant’s name on March 15, 2017.
[Ground of recognition] Facts without dispute, Gap 1-4 evidence, Gap 9 evidence, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The Plaintiff’s assertion that the Plaintiff: (a) concluded a loan agreement with F on a yearly basis with interest rate of 2% (hereinafter “the instant loan agreement”) and transferred the loan; (b) the Defendant is obligated to pay to the Plaintiff interest calculated at the rate of 35 million won and interest calculated at the rate of 2% per annum from the following day after the date of the loan to the date of service of the original copy of the instant payment order; and (c) delay damages calculated at the rate of 15% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment. If the Defendant did not have the authority to represent the Defendant
Even if the plaintiff is F.