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1. The Defendant’s KRW 26,00,000 as well as 7.3% per annum from October 13, 2012 to December 14, 2012 to the Plaintiff.
Reasons
1. Determination on the cause of the claim
A. 1) On December 14, 2010, the Plaintiff loaned KRW 226,00,000 to the Defendant at an interest rate of 7.3% (Application of the changed interest rate), the maximum interest rate of delay 23% per annum, and the due date of repayment on March 14, 201 (Extension of the period of repayment as of December 14, 201) (hereinafter “instant loan obligations”).
(2) The Defendant did not pay interest from October 13, 2012.
[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, purport of the whole pleadings
B. According to the above facts of determination, the Defendant is obligated to pay to the Plaintiff interest at the rate of 7.3% per annum from October 13, 2012 to December 14, 2012, which is the following day after the payment of interest, to the Plaintiff, and to pay interest at the rate of 15% per annum as determined by the Plaintiff within the scope of the delayed interest rate from the next day to the date of full payment, barring special circumstances.
Meanwhile, the Plaintiff sought a payment of overdue interest based on the agreed interest rate from December 13, 2012. However, as seen earlier, the repayment period of the above loan on December 14, 2012. As such, the Defendant is merely obligated to pay only the interest calculated at the rate of 7.3%, which is the agreed interest rate, for the period from December 13 to December 14, 2012.
Ultimately, the Plaintiff’s assertion is without merit as to the part exceeding the above recognition scope.
C. The Defendant’s assertion 1) The Defendant’s assertion is the Defendant’s actual obligor B, and the Defendant merely lent the Plaintiff’s name to the lender. Since the Plaintiff’s loan manager is also aware, the Plaintiff’s claim is unreasonable. 2) If a third party, who was determined as the principal obligor or joint guarantor, directly signed and sealed the loan-related documents, such as a monetary loan agreement, etc., as the principal obligor or joint guarantor, then the third party itself indicates that it is the debtor of the loan-loan contract, and the third party is subject to the provision