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1. The Defendant is jointly and severally and severally with B and C to KRW 48,300,00 and the Defendant’s amount therefrom from June 16, 2016 to August 14, 2016.
Reasons
1. Facts of recognition;
A. On August 14, 2014, the Plaintiff: (a) lent KRW 65,00,000 to the Defendant at an annual interest rate of KRW 6.9% (Application of the changed interest rate); (b) 15% per annum per annum; and (c) on August 14, 2016, the Plaintiff provided joint and several suretys for the Defendant’s loan obligations.
(hereinafter “instant loan”). (b)
On June 16, 2016, the Plaintiff did not pay the principal amount of KRW 48,300,000 among the instant loans, and did not pay interest from June 16, 2016 to August 14, 2016.
[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 9, the purport of the whole pleadings
2. The parties' assertion and judgment
A. According to the above facts, barring special circumstances, the Defendant agreed to the Plaintiff from June 16, 2016 to August 14, 2016, which is the day following the payment of the unpaid principal amount of KRW 48,300,000 among the instant loans, and the last interest thereon.
6. The agreed interest rate of 9%, from the next day to the date of full payment, shall be liable to pay interest for delay at the rate of 10.5% per annum as determined by the Plaintiff within the limit of the agreed interest rate for delay.
B. The defendant's assertion and judgment are merely a nominal lender who borrowed only the name in B and C's loan, and this case's loan was made in collusion with the plaintiff, B and C, and thus, it cannot be held liable to the defendant.
In order to establish a false agreement, there should be an agreement between the other party and the other party as to the disagreements, and if a third party directly puts his/her signature and affixes his/her seal on loan-related documents, such as a letter of loan for consumption, etc., if the third party directly puts his/her name and affixes his/her seal on the financial institution as the debtor of the loan for consumption, the third party has expressed his/her own name on the financial institution, and the third party has
or the principal and interest thereof.