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1. The Defendant shall pay to the Plaintiff KRW 108,00,000 as well as 20% per annum from January 10, 2015 to the day of full payment.
Reasons
1. Facts of recognition;
A. On October 25, 201, the Defendant borrowed KRW 100,000,000 from the sandbnst SP loan, Co., Ltd. on November 24, 201, the Defendant had the Plaintiff jointly and severally and severally guaranteed the said debt by stating that “A with the Plaintiff, who was in a relationship with the Plaintiff, is not aware of the fact that there are two apartment buildings, may not be 10,000,000, and a joint and several surety may be repaid within one month.”
However, the Defendant’s personal debt amounting to KRW 1,500,000,00 at the time, and the business has been poor and the Plaintiff did not have the intent or ability to repay the loan debt within one month even if the Plaintiff had jointly and severally guaranteed the Defendant’s loan debt. In fact, the Defendant was unable to repay the loan debt after the due date.
B. When the Defendant received a demand for the repayment of the loan from the above lending company, the Defendant suggested with C that “on the face of the Plaintiff, with additional loans of KRW 100,000,000,00 in the name of the Plaintiff, the Defendant would repay all the obligations to the lending company within one year after the repayment.”
Accordingly, on March 12, 2012, the Plaintiff borrowed KRW 100,000,000 from D as of March 12, 2013 at the due date, and KRW 51,930,070 out of the above borrowed amount (the actual receipt amount remains after deducting KRW 4,60,000 from the prior interest and commission) was used for the repayment of the Defendant’s obligation to the said loaned company.
C. The Defendant paid interest on KRW 100,000,000 under the Plaintiff’s name until September 2012, and did not pay all the remainder of the loan after the lapse of the due date. On August 19, 2013, the Plaintiff repaid KRW 128,00,000 to D with respect to the said loan.
The defendant is found guilty of fraud in regard to the criminal facts that the defendant deceivings the plaintiff as if he did not have the intention or ability to repay the debt, thereby having the defendant jointly and severally guaranteed the defendant's debt, and had the loan borrowed in the name of the plaintiff.