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Defendant B shall pay to the Plaintiff KRW 200,000,000 as well as 24% per annum from January 11, 2020 to the day of complete payment.
Reasons
1. Determination as to the claim against the defendant B
A. 1) The Plaintiff and Defendant B’s each of the following certificates of borrowing (hereinafter “certificate of borrowing of this case”) as indicated below around September 7, 2018 and October 10, 2018 between the Plaintiff and the Defendant B (hereinafter “certificate of borrowing of this case”).
The loan certificate of this case was drawn up. The creditor of the creditor of the creditor of the creditor of the creditor of the creditor of the loan of this case (e.g., 100,000,000) shall be notified four (4) months prior to the end of October 10, 2018. Paragraph (2) interest shall be paid by the 24% prior to the 10th of each month by agreement. If the debtor of this case or the joint guarantor of this contract fails to perform the monetary obligation once again, the interest shall lose the benefit of the time, and if the debtor of this case does not perform the monetary obligation once, the defendant B transferred the interest from 00,000,000 won to 10,000,000 won in the D Association account under the name of the plaintiff to 20,000,000 won from October 10, 2018 to 30,010,000 won from March 1, 2019.
[Ground of recognition] Facts without dispute, Gap evidence 1-1-2, Gap evidence 3, the purport of the whole pleadings
B. Under the premise that a loan contract for consumption was concluded between the Plaintiff and the Defendant B pursuant to the loan certificate of this case, the Plaintiff’s assertion by the parties concerned is sought to pay the loan and damages for delay to the Defendant B.
As to this, Defendant B, while borrowing KRW 200,000 in total, signed and sealed on the debtor column of the loan certificate of this case. However, Defendant B asserted that the Plaintiff is not a party to the loan contract of this case since he borrowed the above money from F other than the Plaintiff and prepared and delivered the certificate of loan of this case where the creditor is a public figure, and the Plaintiff is not a party to the loan of this case.
C. Determination 1, who is the party to the loan contract between the Plaintiff and Defendant B, is the matter of interpreting the intent of the parties involved in the contract, and does not coincide with the intent of the parties.