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1. The defendant shall pay to the plaintiff the amount of KRW 91,540,125 and KRW 63,762,08 among them, from April 24, 2014 to the day of full payment.
Reasons
1. Facts of recognition;
A. On October 25, 2007, the Defendant concluded a credit transaction agreement (hereinafter “the instant credit transaction agreement”) with the content of receiving a general loan by determining 100 million won as interest rate of 9% per annum, damages rate of 23% per annum, and the expiration date of the credit (which was extended to October 25, 2012 thereafter) from the Hanju Mutual Savings Bank (Korea Mutual Savings Bank (hereinafter “Korea Mutual Savings Bank”) (hereinafter “Korea Mutual Savings Bank”) on May 6, 201.
B. In addition, on September 25, 2010, the Defendant received a comprehensive passbook loan (one-time passbook loan) on September 25, 201 by determining the limit of KRW 20 million, interest rate of KRW 7% per annum, 23% per annum, and the expiration date of the credit (which was extended on September 25, 2012 thereafter) as the date of expiration of the credit.
C. Although the period of repayment for each of the above loans has expired, the Defendant did not repay the total of KRW 63,762,088 (= KRW 49,60,000, KRW 14,162,088) and interest total of KRW 27,778,037 (= KRW 22,412,935, KRW 5,365,102) as of April 23, 2014.
[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 3 and 8 (including virtual number), the purport of the whole pleadings
2. Determination
A. According to the above facts, the defendant is obligated to pay to the plaintiff 91,540,125 won (=63,762,088 won 27,778,037 won) and damages for delay calculated at the rate of 23% per annum from April 24, 2014 to the date of full payment, which is the balance of the principal of the loan, to 63,762,08 won.
B. As to this, the Defendant concluded the instant credit transaction agreement with the non-party bank on the ground that the non-party bank first lent KRW 100 million to the non-party B and C, but it was impossible to recover the loan, and the name of the loan holder should be changed to the Defendant who acquired the loan from the non-party bank C. Thus, the instant credit transaction agreement was concluded formally without the intention of bearing the debt.