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1. The defendant shall pay 240,000,000 won to the plaintiff and 20% per annum from September 28, 2014 to the day of full payment.
Reasons
1. The fact of recognition that the Plaintiff lent KRW 220,00,000 to the Defendant’s wife, and the Defendant, on July 11, 201, stated the phrase “C is aware of the fact that the wife (C) borrowed KRW 220,00,000 from the Plaintiff and would be paid in depth and in depth,” and written out a document signed and signed by the Plaintiff and delivered it to the Plaintiff on July 11, 201. The Plaintiff borrowed KRW 20,000 to the Defendant and received a loan certificate as to the loan separately from the above payment note. There is no dispute between the parties.
2. The plaintiff asserts that the defendant expressed his/her intent to pay C's loan obligations through the above payment note, and the defendant is obligated to pay C's total of KRW 20,000,000 borrowed from the plaintiff and KRW 220,000,000 borrowed from C, and delay damages from July 12, 201 to the date of full payment.
The defendant asserts that, although he borrowed KRW 20,00,000 from the plaintiff, it only contains a declaration that C bears the above obligation to the plaintiff while confirming the fact that C bears the obligation to the plaintiff, the defendant is not obliged to pay the above amount to KRW 220,00,000,00 on the ground that C does not express its intent to repay the above obligation to the plaintiff.
3. Determination
A. Comprehensively taking account of the purport of each of the statements in subparagraphs 3 through 6 above, the Defendant requested the Plaintiff to send data on the existence, amount, etc. of individual rehabilitation claims on March 2012 in the process of filing an application for commencement of individual rehabilitation procedures with the Suwon District Court 2012 24393, and the Defendant requested “in the process of sending them according to the attached document delivery form,” and sent the Plaintiff along with the Plaintiff’s written request for submission of the documents stating the details of the Plaintiff’s claim.